Jump to content

Any lawyers here? (or anyone else who wants to give their opinions!)
not asking for legal advice


  • Please log in to reply
28 replies to this topic

#1 solongsuckers

Posted 25 February 2013 - 10:56 PM

Just interested in opinions here, if there are any lawyers who could tell me what they think that would be appreciated.

We are currently in the midst of a dispute with a business. Last week the situation got a little out of hand and the police were called. We did this against our lawyers 'advice',.although I would call it more an opinion than advice and I was given no legal reason for either option that was available to us at the time.

In the last message conveyed through my lawyer to the other party, my lawyer stated to them that I was acting against his advice,

Now, by knowing I was acting against my lawyers 'advice the other party took that as an indication they were right in their actions.

Should my lawyer have told them that? Or should he simply have passed on the message I instructed him to? (which was that the police would be called if the other party did as they were intending to do)

#2 *cough*

Posted 25 February 2013 - 11:03 PM

Hmmm. How was it expressed?

Ie 'I am instructed'? Or did he say 'against my advice'?

Clients that don't listen to advice make me cranky. Lawyers don't say things for no reason.

#3 rocketsurgeon

Posted 25 February 2013 - 11:05 PM

Not much information to go on, however you hire a lawyer to represent your interests and to act on your instructions, provided it is not illegal or unethical. If he has gone against your instructions, I'd say you should consult another lawyer.

#4 rocketsurgeon

Posted 25 February 2013 - 11:13 PM

QUOTE (*cough* @ 26/02/2013, 12:03 AM) <{POST_SNAPBACK}>
Hmmm. How was it expressed?

Ie 'I am instructed'? Or did he say 'against my advice'?

Clients that don't listen to advice make me cranky. Lawyers don't say things for no reason.

But trust is everything, and whether a client has taken the lawyer's advice or not, it is not the lawyer's place to badmouth a client. His duty is to the client.

#5 Illiterati

Posted 25 February 2013 - 11:17 PM

What did the police do?



#6 solongsuckers

Posted 25 February 2013 - 11:23 PM

QUOTE (*cough* @ 26/02/2013, 12:03 AM) <{POST_SNAPBACK}>
Hmmm. How was it expressed?

Ie 'I am instructed'? Or did he say 'against my advice'?

Clients that don't listen to advice make me cranky. Lawyers don't say things for no reason.


it was expressed as 'x is acting against my advice and will be doing blah blah blah'

If was advice as in 'legally, this is where you stand....' then I probably would have done as he advised.

But it was really just an opinion. 'Maybe it would be better if you just did this and then blah blah blah'

No one, including my lawyer, the police, consumer affairs, accc etc could give me a clear legal answer as to who ultimately had what right

#7 solongsuckers

Posted 25 February 2013 - 11:24 PM

QUOTE (SlowEmotionReplay @ 26/02/2013, 12:17 AM) <{POST_SNAPBACK}>
What did the police do?


the police escorted the company employees from my property and told them not to come back without consent or a court order

#8 *LucyE*

Posted 25 February 2013 - 11:27 PM

QUOTE
whether a client has taken the lawyer's advice or not, it is not the lawyer's place to badmouth a client. His duty is to the client.

No, the lawyer's duty is to the court.

The lawyer may not have 'badmouthed' a client just by informing the other party that the client is acting against advice.  Maybe the client's instructions are so silly that the lawyer's reputation and ability would otherwise be in question.

#9 *cough*

Posted 25 February 2013 - 11:29 PM

QUOTE (Fredi @ 25/02/2013, 09:13 PM) <{POST_SNAPBACK}>
His duty is to the client.


I disagree and so would many others.

A lawyers duty is ultimately to the court.

Without knowing all the facts, we cannot presume that he is in the wrong or has not done what he did for a reason.

If no one knew the answer then I would seriously consider the lawyers opinion depending on his experience. Lawyers (in my opinion) tend to have a good feel for things when they have enough experience.

I'm reserving my judgment on this - I really need more facts.


#10 LambChop

Posted 25 February 2013 - 11:29 PM

I would say your lawyer is finding you difficult to get along with, and is trying to distance themselves.

Do you have an agreed end game in mind that your lawyer agrees with ?  Is your lawyer perhaps not the best fit for your needs ?

#11 solongsuckers

Posted 25 February 2013 - 11:32 PM

I understand what you are saying there Lucy but honestly, my instructions weren't silly. It was simply ' please tell the other party that if they attend my property they will not be allowed in and of they come in anyway I will call the police'

The police agreed with my course of action, so has everyone else I have spoken to. The only person who disagreed was my lawyer, and not for any actual legal reason, just because he thought it was the easiest option (yes he said that)

#12 solongsuckers

Posted 25 February 2013 - 11:34 PM

QUOTE (LambChop @ 26/02/2013, 12:29 AM) <{POST_SNAPBACK}>
I would say your lawyer is finding you difficult to get along with, and is trying to distance themselves.

Do you have an agreed end game in mind that your lawyer agrees with ?  Is your lawyer perhaps not the best fit for your needs ?


I have done every other thing my lawyer has advised. This is the one and only time I disagreed.


#13 *cough*

Posted 25 February 2013 - 11:34 PM

What was the company doing on your property?


#14 rocketsurgeon

Posted 25 February 2013 - 11:39 PM

I need to qualify what I said before, yes the first duty is to the court but in the context where the lawyer is representing someone there is a fiduciary relationship between lawyer and client.

#15 solongsuckers

Posted 25 February 2013 - 11:39 PM

QUOTE (*cough* @ 26/02/2013, 12:29 AM) <{POST_SNAPBACK}>
I disagree and so would many others.

A lawyers duty is ultimately to the court.

Without knowing all the facts, we cannot presume that he is in the wrong or has not done what he did for a reason.

If no one knew the answer then I would seriously consider the lawyers opinion depending on his experience. Lawyers (in my opinion) tend to have a good feel for things when they have enough experience.

I'm reserving my judgment on this - I really need more facts.


I got the feeling that the dispute escalated to a point that was a bit out of his depth. He couldn't really answer a lot of my questions.

I have since spoken to a family member who is a lawyer who agreed with what I did so I really do think the 'right' thing at the time was just a matter of opinion. and I don't have an issue with that being his opinion. I'm just not sure it was his place to tell the other party my course of action was against his advice, when there was no solid legal reason for the advice. If what I chose to do was clearly going against some law that gave them the right to do what they were doing then it wouldn't bother me.

As it was, this company broke into my property and damged things.

#16 solongsuckers

Posted 25 February 2013 - 11:41 PM

QUOTE (*cough* @ 26/02/2013, 12:34 AM) <{POST_SNAPBACK}>
What was the company doing on your property?


attempting to 'repossess' something they claimed they owned that I haven't paid for. they have completely lied about the money I have paid them and I currently have an application in vcat waiting for a hearing date.



#17 *LucyE*

Posted 25 February 2013 - 11:43 PM

There's not enough information to go off (and I understand not wanting to divulge too much on the www) but, maybe the lawyer's advice is part of a longer term strategy and not just the immediate solution?

Is there dispute over ownership?  

The 'easiest option' isn't necessarily the least amount of work for the lawyer.

Edit - you answered while I was posting.  Ownership can sometimes be a grey area even if you have paid.  You need to either trust your lawyer or get someone else.  No point second guessing them if you don't have the same objectives or agreement regarding strategy.

Edited by *LucyE*, 25 February 2013 - 11:49 PM.


#18 *cough*

Posted 25 February 2013 - 11:43 PM

Ok that clarifies a bit.

You could report him to the legal practice board but it's really horrible for a lawyer to go through that type of thing.

Perhaps send him an email and let him know that you didn't like what he did and see what he says? Perhaps he will apologise and all will be ok?

What would you like to get out of this?

#19 hyperion

Posted 25 February 2013 - 11:45 PM

Your lawyer was covering his a*se so he doesn't get sued, or reported .

#20 *cough*

Posted 25 February 2013 - 11:46 PM

QUOTE (SleezyFrickentush @ 25/02/2013, 09:41 PM) <{POST_SNAPBACK}>
attempting to 'repossess' something they claimed they owned that I haven't paid for. they have completely lied about the money I have paid them and I currently have an application in vcat waiting for a hearing date.


I thought it might be something like this. Do they have a retention of title clause over the goods?

I thought your previous post clarified but now this confuses things again.

QUOTE (hyperion @ 25/02/2013, 09:45 PM) <{POST_SNAPBACK}>
Your lawyer was covering his a*se so he doesn't get sued, or reported .


I think this.

Lawyers can have cost orders made against them.

#21 solongsuckers

Posted 25 February 2013 - 11:52 PM

I would just like an apology and acknowledgement that maybe saying that wasn't the best thing to say. He also charged me 30% more than he said he was going to so I guess that made me even more unhappy about it. I just wasn't sure if it was wrong for him to say it or if I was just being a bit sensitive. The whole thing has been/is still quite an ordeal.

He also then had a dig at me for not following his advice.

#22 rocketsurgeon

Posted 25 February 2013 - 11:55 PM

Have you asked him why he did what he did? He may have a good reason for it, although he should have discussed it with you first. But really if the trust is gone, there is little point in continuing with him as things will only get messier.

#23 solongsuckers

Posted 25 February 2013 - 11:57 PM

QUOTE (*cough* @ 26/02/2013, 12:46 AM) <{POST_SNAPBACK}>
I thought it might be something like this. Do they have a retention of title clause over the goods?

I thought your previous post clarified but now this confuses things again.



I think this.

Lawyers can have cost orders made against them.


It states on the invoice that goods remain theirs until fully paid. It is not stated in their terms and conditions on the purchase agreement (I have no idea if that makes any difference). The matter is complicated as the products are faulty and there was already a dispute raised from my end. All sorts of dodgy things going on from the company and they do nothing as they are supposed to. They just randomly told me they were coming to repossess, quoting a clause that doesn't even exist in my contract with them.

my view was all should stay as it is until VCAT and let them decide.

#24 *cough*

Posted 25 February 2013 - 11:58 PM

QUOTE (Fredi @ 25/02/2013, 09:55 PM) <{POST_SNAPBACK}>
Have you asked him why he did what he did? He may have a good reason for it, although he should have discussed it with you first. But really if the trust is gone, there is little point in continuing with him as things will only get messier.


I'd rather my client come to me first.

Like we've said - maybe he was protecting his own a*se.

Usually cost estimates are exactly that, estimates. Costs do go over. I can understand its frustrating but it happens.

Be honest and open with him.

#25 solongsuckers

Posted 26 February 2013 - 12:03 AM

QUOTE (Fredi @ 26/02/2013, 12:55 AM) <{POST_SNAPBACK}>
Have you asked him why he did what he did? He may have a good reason for it, although he should have discussed it with you first. But really if the trust is gone, there is little point in continuing with him as things will only get messier.


I have not asked yet, I was going to this week. I didn't even know he had said it until the other party read out the email to me.





1 user(s) are reading this topic

0 members, 1 guests, 0 anonymous users

 

Heartwarming prank gives single mum the house she was hired to clean

Cara Simmons arrived at work to clean a large and beautiful house in time for a party planned for that evening. It was soon hers.

Why we should stop telling new parents to 'enjoy every moment'

A few weeks ago, some dear friends of mine had their first baby. As the proud dad texted me a picture I had to fight the natural instinct to say “Enjoy every moment!”

Transgender dad breastfeeds his babies

A transgender man who breastfed his first baby - despite having his breasts removed as part of his transformation from female to male - has now had a second child.

Couple face $1 million medical bill and bankruptcy after babymoon birth

A Canadian couple were slammed with a million dollar medical bill after their daughter was prematurely during their babymoon.

Win one of 5 Little Tikes Cozy Coupe Sport

Australia?s No 1 selling car is now available in a Sports model and we have 5 to give away to some lucky Essential Baby families.

Cigarettes, junk food dominate supermarket sales growth

One in every five dollars spent at supermarkets goes on cigarettes or junk food, according to industry data.

Teacher under fire for breastfeeding in class

There is no doubt mums have a right to continue breastfeeding after they have returned to work, but one teacher in the US has taken it to the extreme.

Video: Baby sniffs beardless dad to make sure it's him

She looks him up and down and then touches his chin, but baby Lindsey still isn't sure this clean-shaven man is her dad.

The tragedy of losing a favourite teddy bear

We were green and uninitiated, perhaps a little naïve when it came to the favourite toy responsibility.

It's possible to workout while pregnant

Medical experts say intense fitness routines can be done safely during pregnancy - if the mums-to-be follow some guidelines.

Baby for Asher Keddie and Vincent Fantauzzo

Fans followed every step of her on-screen pregnancy in Offspring, now Asher Keddie is going to be a mum in real life too.

What parents really want for their kids

Are our hopes, dreams and expectations for our children what they really need?

'I had a feeling something was seriously wrong': the fight for Kaden's diagnosis

Before even giving birth, Katie Myers' maternal instincts warned her something was wrong with her baby.

When your pregnancy causes a relationship rift

Some dads-to-be don't miss a beat when their partner is pregnant; others struggle with a range of issues and can become withdrawn, right when their support is needed most.

Couple uses group photo trick to announce pregnancy to loved ones

Katharine and Kris Camilli devised a clever trick to immortalise their family and friends' reaction to their exciting pregnancy news.

Why Tracey Spicer has given up make-up

"After 30 years on television, I had become what I despised: a painted doll who spent an hour a day and close to $200 a week putting on a mask."

Empowering bikini photo of 46-year-old mum goes viral

When a group of teenagers made rude remarks about her body as she walked past them in a bikini at the local beach, Julie Cross refused to cover up.

Devastated widow discovers she's pregnant the day before husband's funeral

They had been trying to conceive a baby for seven years. Tragically Kristy Kirchner found out she was pregnant the day before her husband Royce's funeral.

Win a family pass to Disney Live!

We have 4 family passes to give away to see Disney Live! presents Three Classic Fairy Tales, touring Australia this December/January.

Gabriella Goat sues Peppa Pig

Every toddler's favourite television pig is being sued by an Italian woman who shares a name with a Peppa Pig character.

Meet the Mpregs, the male pregnancy enthusiasts

"Men can't have babies - that's something only women can do! But our community is full of like-minded people who wish otherwise."

Your new motherhood survival kit

Forget about the bright, pretty baby things - while you're in survival mode, all you'll need are the essentials.

More than 100,000 cars recalled globally after death of pregnant woman

The announcement of a mass recall comes as Malaysian police investigate the death of pregnant woman in July.

I had a 'good baby' but still suffered from postnatal depression

I had a much wanted precious baby girl, a 'good baby' who slept well, self settled and was mostly content. It just seemed implausible to think I could succumb to depression.

Download now: Essential Kids Activity Finder app

Got bored kids? Quickly find the best activities for kids wherever you are in Australia with the Essential Kids app.

 
Advertisement
 
Advertisement
 
 
 

What's hot on EB

Win one of 5 Little Tikes Cozy Coupe Sport

Australia?s No 1 selling car is now available in a Sports model and we have 5 to give away to some lucky Essential Baby families.

Join PADDINGTON on the red carpet!

To celebrate the release of PADDINGTON, we are giving five lucky winners the chance to win a family pass to the exclusive Australian Premiere in Sydney on December 7!

Knowing you are one of the lucky ones

I am secure, confident and strong, but the responsibility of protecting my children can almost bring me undone.

Why I am so emotional now I have kids?

There are so many ways in which parenthood changes us as women, but one of the most noticeable, for me, has been the changing state of my emotions.

Baby survives despite sharing womb with 'foreign body'

Baby Maia was conceived against the odds, only to find she was sharing a womb with an ominous "foreign body".

Video: Baby shows dog how to jump - or vice versa

They say dog is man's best friend, but this playful pooch seems to have chosen a jumping baby as her number one buddy.

10 ways to soothe a crying baby

New paernts can get frustrated when their newborn gets fussy and can't settle down. When you're feeling overwhelmed, try some of these simple tips to help soothe your baby.

20 baby names that are becoming more popular every year

The data-lovers at nameberry.com have been at it again – this time, they’ve discovered the names that are continually rising up the ranks, ready to take out some top spots in the next few years.

10 great meals to make for new parents

Ideally, you want to give food that isn’t expensive to make, isn't too difficult to create, and freezes well; stews, bakes, soups and pasta sauces are perfect.

'It's not you, it's me': Boston bombing survivor mum to have leg amputated

Rebekah DiMartino is going through a break-up. She even wrote a farewell love letter. But it's not to her husband.

What it's like to go through early menopause

In a cruel twist, Carla had been breastfeeding and perimenopausal at the same time. But she's far from the only one to go through menopause early.

Restaurant served alcohol to two-year-old

Busy restaurants can be forgiven for getting food and drink orders mixed up from time to time, but not when the confusion leads to a two-year-old being served an alcoholic cocktail instead of the child-friendly beverage they ordered.

Julia Morris tells of miscarriage on a flight

Julia Morris has spoken about the devastation of suffering a miscarriage while on an international flight.

Woman's survival after birth 'a story of two miracles'

A US mother is home and tending to her new baby less than a month after surviving without a pulse for 45 minutes.

Eating ice may give mental boost to the iron deficient: study

A new study proposes that, like a strong cup of coffee, ice may give those with insufficient iron a much-needed mental boost.

Tiny lives in caring hands: Thank U NICU Day

Each year in Australia, over 40,000 newborns need the help of a special care nursery or neonatal intensive care unit. One day a year, the staff are honoured by the parents they help through those dark days.

I paid $50,000 to have a girl

This time my husband and I hadn't taken any chances. We had paid $50,000 and travelled 13,000 kilometres to make sure the baby growing inside me was female.

Weird pregnancy products

Some pregnancy products come to market and are just awesome. Others just leave you scratching your head.

Dear firstborn, I'm sorry

Being a first-time mum is tough for so many reasons – particularly because you really have no idea what you're doing.

A trace of sesame could kill my son

Helen Richardson son's had two anaphylactic reactions in a month. It's traumatic for everyone.

When you know before the test says yes

It wasn't a pregnancy test or missed period that told me I was pregnant with my second baby; it was too early for those things. A doner kebab told me I was going to be a mum again.

What not to do when your partner is in labour

Robbie Williams stole the show during his wife Ayda's labour, pretty much demonstrating everything on the "what not to do when your partner is in labour" list.

Best maternity swimwear and beach cover-ups

Thinking about a tropical babymoon but have nothing to wear? Here are some great swimwear and beach cover-up options for mums-to-be.

'Chopstick Baby' born at 23 weeks

Given the nickname of 'Chopstick Baby' by local media, a baby born weighing 660g has survived a week outside the womb.

 

How many weeks til Christmas?

On your To-Do list

Get the "Santa" shopping done without the kids in tow.

 
Advertisement
 
 
Essential Baby and Essential Kids is the place to find parenting information and parenting support relating to conception, pregnancy, birth, babies, toddlers, kids, maternity, family budgeting, family travel, nutrition and wellbeing, family entertainment, kids entertainment, tips for the family home, child-friendly recipes and parenting. Try our pregnancy due date calculator to determine your due date, or our ovulation calculator to predict ovulation and your fertile period. Our pregnancy week by week guide shows your baby's stages of development. Access our very active mum's discussion groups in the Essential Baby forums or the Essential Kids forums to talk to mums about conception, pregnancy, birth, babies, toddlers, kids and parenting lifestyle. Essential Baby also offers a baby names database of more than 22,000 baby names, popular baby names, boys' names, girls' names and baby names advice in our baby names forum. Essential Kids features a range of free printable worksheets for kids from preschool years through to primary school years. For the latest baby clothes, maternity clothes, maternity accessories, toddler products, kids toys and kids clothing, breastfeeding and other parenting resources, check out Essential Baby and Essential Kids.