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	<title>Comments on: DJs commence legal action</title>
	<atom:link href="http://skepticlawyer.com.au/2007/02/djs-commence-legal-action-2/feed/" rel="self" type="application/rss+xml" />
	<link>http://skepticlawyer.com.au/2007/02/djs-commence-legal-action-2/</link>
	<description>Two lawyers on law, legislation and liberty. And other stuff.</description>
	<pubDate>Wed, 07 Jan 2009 08:42:29 +0000</pubDate>
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		<title>By: Anonymous</title>
		<link>http://skepticlawyer.com.au/2007/02/djs-commence-legal-action-2/comment-page-1/#comment-10143</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Sat, 03 Mar 2007 04:28:00 +0000</pubDate>
		<guid isPermaLink="false">http://legalsoapbox.wordpress.com/2007/02/14/djs-commence-legal-action-2/#comment-10143</guid>
		<description>Legal Eagle,&lt;br/&gt;&lt;br/&gt;I'm from Sydney and practising Tort Law and yes I love running 'hopeless' cases because that keeps me awake at nights.&lt;br/&gt;&lt;br/&gt;Keep blogging.&lt;br/&gt;BTW, I write this with clean hands.&lt;br/&gt;&lt;br/&gt;Law</description>
		<content:encoded><![CDATA[<p>Legal Eagle,</p>
<p>I&#8217;m from Sydney and practising Tort Law and yes I love running &#8216;hopeless&#8217; cases because that keeps me awake at nights.</p>
<p>Keep blogging.<br />BTW, I write this with clean hands.</p>
<p>Law</p>
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		<title>By: Paul</title>
		<link>http://skepticlawyer.com.au/2007/02/djs-commence-legal-action-2/comment-page-1/#comment-10142</link>
		<dc:creator>Paul</dc:creator>
		<pubDate>Fri, 16 Feb 2007 01:56:05 +0000</pubDate>
		<guid isPermaLink="false">http://legalsoapbox.wordpress.com/2007/02/14/djs-commence-legal-action-2/#comment-10142</guid>
		<description>LE - which court were you with, out of interest?  I'm currently taking a year out of commercial work to do an associateship.&lt;br/&gt;&lt;br/&gt;I also share an unhealthy love of equity - in commercial matters I always liked to put a bunch of equitable claims on the end of any statutory/contractual/common law claims, it's very surprising how useless many commercial lawyers are when it comes to equity.</description>
		<content:encoded><![CDATA[<p>LE - which court were you with, out of interest?  I&#8217;m currently taking a year out of commercial work to do an associateship.</p>
<p>I also share an unhealthy love of equity - in commercial matters I always liked to put a bunch of equitable claims on the end of any statutory/contractual/common law claims, it&#8217;s very surprising how useless many commercial lawyers are when it comes to equity.</p>
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		<title>By: Law Student</title>
		<link>http://skepticlawyer.com.au/2007/02/djs-commence-legal-action-2/comment-page-1/#comment-10141</link>
		<dc:creator>Law Student</dc:creator>
		<pubDate>Thu, 15 Feb 2007 10:34:04 +0000</pubDate>
		<guid isPermaLink="false">http://legalsoapbox.wordpress.com/2007/02/14/djs-commence-legal-action-2/#comment-10141</guid>
		<description>I've dropped restitution and replaced it with family law instead. &lt;br/&gt;&lt;br/&gt;I'm sure i'll be asking you questions regarding property, equity and trusts during the course of the year. As long as you're fine with it.</description>
		<content:encoded><![CDATA[<p>I&#8217;ve dropped restitution and replaced it with family law instead. </p>
<p>I&#8217;m sure i&#8217;ll be asking you questions regarding property, equity and trusts during the course of the year. As long as you&#8217;re fine with it.</p>
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		<title>By: Legal Eagle</title>
		<link>http://skepticlawyer.com.au/2007/02/djs-commence-legal-action-2/comment-page-1/#comment-10140</link>
		<dc:creator>Legal Eagle</dc:creator>
		<pubDate>Thu, 15 Feb 2007 06:30:22 +0000</pubDate>
		<guid isPermaLink="false">http://legalsoapbox.wordpress.com/2007/02/14/djs-commence-legal-action-2/#comment-10140</guid>
		<description>HVB, that's terrible. I know that we have a duty to follow our clients' instructions, but I had a long-running argument with a fellow at one of my old workplaces that we &lt;i&gt;also&lt;/i&gt; have a duty to keep our clients sensible where possible. He was of the opinion that a solicitor or barrister had to follow a client's instructions to the letter, no matter what. &lt;br/&gt;&lt;br/&gt;To my mind, a legal representative acts as a filter, looking at things dispassionately and telling a client when his or her behaviour is not sensible or ethical. Otherwise, we may as well just let litigants have fisticuffs in a ring instead and forget the legal process.</description>
		<content:encoded><![CDATA[<p>HVB, that&#8217;s terrible. I know that we have a duty to follow our clients&#8217; instructions, but I had a long-running argument with a fellow at one of my old workplaces that we <i>also</i> have a duty to keep our clients sensible where possible. He was of the opinion that a solicitor or barrister had to follow a client&#8217;s instructions to the letter, no matter what. </p>
<p>To my mind, a legal representative acts as a filter, looking at things dispassionately and telling a client when his or her behaviour is not sensible or ethical. Otherwise, we may as well just let litigants have fisticuffs in a ring instead and forget the legal process.</p>
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		<title>By: Legal Eagle</title>
		<link>http://skepticlawyer.com.au/2007/02/djs-commence-legal-action-2/comment-page-1/#comment-10139</link>
		<dc:creator>Legal Eagle</dc:creator>
		<pubDate>Thu, 15 Feb 2007 06:24:25 +0000</pubDate>
		<guid isPermaLink="false">http://legalsoapbox.wordpress.com/2007/02/14/djs-commence-legal-action-2/#comment-10139</guid>
		<description>Law Student, I'm both a lecturer and a student - presently doing a PhD and lecturing a couple of times a week. &lt;br/&gt;&lt;br/&gt;If you came to my classes, I'd teach you to love Property, Equity and Restitution. And, of course, the resulting trust.</description>
		<content:encoded><![CDATA[<p>Law Student, I&#8217;m both a lecturer and a student - presently doing a PhD and lecturing a couple of times a week. </p>
<p>If you came to my classes, I&#8217;d teach you to love Property, Equity and Restitution. And, of course, the resulting trust.</p>
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		<title>By: Law Student</title>
		<link>http://skepticlawyer.com.au/2007/02/djs-commence-legal-action-2/comment-page-1/#comment-10138</link>
		<dc:creator>Law Student</dc:creator>
		<pubDate>Thu, 15 Feb 2007 06:02:29 +0000</pubDate>
		<guid isPermaLink="false">http://legalsoapbox.wordpress.com/2007/02/14/djs-commence-legal-action-2/#comment-10138</guid>
		<description>Legal Eagle, are you a law lecturer?</description>
		<content:encoded><![CDATA[<p>Legal Eagle, are you a law lecturer?</p>
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		<title>By: HVB</title>
		<link>http://skepticlawyer.com.au/2007/02/djs-commence-legal-action-2/comment-page-1/#comment-10137</link>
		<dc:creator>HVB</dc:creator>
		<pubDate>Thu, 15 Feb 2007 04:11:00 +0000</pubDate>
		<guid isPermaLink="false">http://legalsoapbox.wordpress.com/2007/02/14/djs-commence-legal-action-2/#comment-10137</guid>
		<description>It's funny you should raise this issue...I've just come back from Court, where a client of mine is being sued by his former employer for reasons which are purely vindictive. I do not believe the employer has a case at all. &lt;br/&gt;&lt;br/&gt;I indicated my surprise to my client that his former employer had not been persuaded by his solicitor to drop the case, as even if he wins it will get him absolutely nowhere, and financially speaking is a poor decision. &lt;br/&gt;&lt;br/&gt;My client looked at me in surprise and said "of course they're encouraging him to take the case - they'll get buckets of money!" &lt;br/&gt;&lt;br/&gt;I felt slightly ill at the idea that a solicitor would encourage a pointless case just to get money, and I tried to say that that was not how solicitors worked - but realised that the best I could say was that's not how they're &lt;i&gt;supposed&lt;/i&gt; to operate.&lt;br/&gt;&lt;br/&gt;I guess it's another one of the reaons lawyers get a bad name....</description>
		<content:encoded><![CDATA[<p>It&#8217;s funny you should raise this issue&#8230;I&#8217;ve just come back from Court, where a client of mine is being sued by his former employer for reasons which are purely vindictive. I do not believe the employer has a case at all. </p>
<p>I indicated my surprise to my client that his former employer had not been persuaded by his solicitor to drop the case, as even if he wins it will get him absolutely nowhere, and financially speaking is a poor decision. </p>
<p>My client looked at me in surprise and said &#8220;of course they&#8217;re encouraging him to take the case - they&#8217;ll get buckets of money!&#8221; </p>
<p>I felt slightly ill at the idea that a solicitor would encourage a pointless case just to get money, and I tried to say that that was not how solicitors worked - but realised that the best I could say was that&#8217;s not how they&#8217;re <i>supposed</i> to operate.</p>
<p>I guess it&#8217;s another one of the reaons lawyers get a bad name&#8230;.</p>
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		<title>By: Legal Eagle</title>
		<link>http://skepticlawyer.com.au/2007/02/djs-commence-legal-action-2/comment-page-1/#comment-10136</link>
		<dc:creator>Legal Eagle</dc:creator>
		<pubDate>Wed, 14 Feb 2007 20:29:42 +0000</pubDate>
		<guid isPermaLink="false">http://legalsoapbox.wordpress.com/2007/02/14/djs-commence-legal-action-2/#comment-10136</guid>
		<description>It's weird the cases you remember, isn't it? In subjects I don't teach, I tend to remember cases with crazy facts better than anything else (for some reason I remember this case called Safeway Stores v Zaluzna - lady slipped on a grape at Safeway and sued). I love cases with crazy facts. Lord Denning could make the facts of almost any case interesting.&lt;br/&gt;&lt;br/&gt;"The facts" of a case are a funny thing. When I worked in the Court, I used to find it very weird seeing witnesses examined - it was like you were getting a peep into a totally different world for a few days - and you'd have to learn about all kinds of strange things to understand what was going on (eg, if the case was about tyre manufacturing, you'd become a sudden expert on aspects of tyre making). &lt;br/&gt;&lt;br/&gt;I even learnt some Greek when we had a witness who didn't speak English - I know the Greek for "mortgage", "bank account", "house", "land transfer"...I'm sure that will get me a long way if I ever get stranded in Greece.</description>
		<content:encoded><![CDATA[<p>It&#8217;s weird the cases you remember, isn&#8217;t it? In subjects I don&#8217;t teach, I tend to remember cases with crazy facts better than anything else (for some reason I remember this case called Safeway Stores v Zaluzna - lady slipped on a grape at Safeway and sued). I love cases with crazy facts. Lord Denning could make the facts of almost any case interesting.</p>
<p>&#8220;The facts&#8221; of a case are a funny thing. When I worked in the Court, I used to find it very weird seeing witnesses examined - it was like you were getting a peep into a totally different world for a few days - and you&#8217;d have to learn about all kinds of strange things to understand what was going on (eg, if the case was about tyre manufacturing, you&#8217;d become a sudden expert on aspects of tyre making). </p>
<p>I even learnt some Greek when we had a witness who didn&#8217;t speak English - I know the Greek for &#8220;mortgage&#8221;, &#8220;bank account&#8221;, &#8220;house&#8221;, &#8220;land transfer&#8221;&#8230;I&#8217;m sure that will get me a long way if I ever get stranded in Greece.</p>
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		<title>By: Law Student</title>
		<link>http://skepticlawyer.com.au/2007/02/djs-commence-legal-action-2/comment-page-1/#comment-10135</link>
		<dc:creator>Law Student</dc:creator>
		<pubDate>Wed, 14 Feb 2007 19:42:57 +0000</pubDate>
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		<description>March v Stramare...loved that case. Probably the only torts case i'll ever remember.</description>
		<content:encoded><![CDATA[<p>March v Stramare&#8230;loved that case. Probably the only torts case i&#8217;ll ever remember.</p>
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