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

 

28 names for babies born in winter

Looking for some baby name inspiration for a bub born during the colder months? Here are 28 options from around the world to consider.

WIN A $500 VISA DEBIT CARD

Are you a parent, or are you planning to be? Tell us what you think and you'll go in the draw to win a $500 gift card!

Why sleep is so important for learning and play

During the first 12 months of life, your baby's brain grows rapidly, and getting enough restful sleep is vital for assisting this growth.

The horrible act that sparked a brawl at child's birthday party

The uncle of the seven-year-old girl at the centre of the brawl at child's birthday party in Sydney's west has described the events leading up to the alarming show of violence.

Babies 'benefit from iPads at a young age': study

More often than not, you'll read that screen time for children should be kept to a minimum - but some scientists are now challenging this way of thinking.

Do mums really just obsessively talk about their children?

Natalie Reilly describes three main types of conversations mothers have. And, surprise, they're not all about kids.

Why some dogs might attack babies or young kids

A baby's smell, the noises it makes and even its gaze can contribute to the potential for a dog attack.

Postnatal depression support gets $23 million boost in NSW

The Baird government will include $22.8 million in Tuesday's NSW budget to expand a program designed to help parents at risk of postnatal depression (PND).

William Tyrrell's parents share heartbreaking letter before fourth birthday

The parents of missing child William Tyrrell have released a heartbreaking letter ahead of his fourth birthday on Friday.

Mum demands refund for 'beargina' christening cake

It was meant to be a tasteful cake to help celebrate a three-year-old's christening.

Hilaria Baldwin shares post-baby selfie

Just two days after giving birth, actor Alec Balwin's wife posted a post-baby picture on social media.

5 things no one warns you about after giving birth

How many times have you been warned about all the sleepless nights you have to 'look forward to' when you become a parent?

Police officer sang nursery rhyme as heartbreaking photo was taken

A police officer arrived at a devastating scene on Thursday: a car crash resulting in all passengers being thrown from the vehicle.

Don't worry, working mums: Just leave Dad in charge at home

Want to open the boardroom doors for women? Encourage - heck, praise - dads who stay home with their children.

'Help - my child won't ever do what I ask!'

Compliance is part of the parent-child relationship, but so is resistance. It's all natural.

The joys - and challenges - of having children born years apart

When the days of changing nappies are over, most parents breathe a sigh of relief. Others have another round ahead of them.

'I'm just as tired, scared and stressed as you': stay-at-home dad's plea

I'm really lucky to have two great kids, but I found it really tough with so much being aimed at the mothers and not the fathers.

Can you spot the drowning child?

Can you spot him in the video? The child who loses his rubber ring, panics, and then almost drowns? It isn't easy.

Uterine fibroids and fertility: the facts

Uterine fibroids can affect fertility, but with treatment it's possible to conceive and carry a baby.

The truth about birthing a big baby

When told that they are having a 'big baby', many women have a lot of fears. But those fears are often unfounded.

6 tips for transitioning back to work after baby

Mums returning to work - and yes, dads too - aren't the same as when they left. But that doesn't mean they're not as good as they once were.

Couple reveals pregnancy with epic Britney Spears parody

How do you create an original pregnancy announcement and gender reveal? You turn to Britney Spears.

 
Advertisement
 
Advertisement
 
 
 

What's hot on EB

27 funny ultrasound pictures

Ultrasounds give you a look at your growing baby ... and sometimes what appears to their womb-buddy, or your bub in an amusing position.

Eight months pregnant and addicted to eating soap

This bizarre snack takes the cake (of soap) when it comes to weird pregnancy cravings.

Noodles, peanuts, wee wees and lady bits

Yes, I know it's silly. I know all the advice from experts is to use the right terminology from the moment your child can talk. But I just can't.

Mum's brave battle for unborn triplets amid cancer diagnosis

Bree O'Malley has a cancer diagnosis, a rare blood condition, kidney and liver failure and other complications. And she is pregnant with triplets.

6 things great dads have mastered

So thank you to all the fathers who get up early, go to bed late, and fill their days dancing to the beautiful beat of parenthood.

When having a baby means losing old friends

Having a baby means big changes to many relationships - including friendships you'd previously thought unbreakable.

Baby names on the verge of the top 1000

What about the baby names right below the top 1000, hiding just out of sight?

Waitress's kind gesture for grieving parents goes viral

A couple grieving the loss of their baby were touched when a young waitress took care of their cafe bill.

'My baby hits and bites - help!'

Is it normal for babies to turn mean like this? And normal or not, how can we get it to stop?

8 ways to keep your sanity when transitioning to two kids

Are you riding the sleep-deprived, multiple-children train? These tips just might save your sanity.

Dad, 33, battles breast cancer

 Breast cancer never crossed Jamie Cox's mind.

'I'm really going to be a dad?!': real men react to baby news

Breaking the news to your partner that you're pregnant - especially if it's something you've both been dreaming of - is a moment you'll never forget.

9 times parenting is a pain

Being a parent is wonderful, but oh boy can it also be painful at times. And no, I'm not talking about the dinner-bath-bed (wine) routine.

In praise of midwives

These women will always have space in my heart. Not just because they helped bring my children 'earth side', but because of the way that they cared for me during the vulnerability of my labours.

Endometriosis can increase risks in pregnancy, study finds

It's long been known that women with endometriosis have difficulties getting pregnant.

How your birth month affects your health

A new study suggests that the month you were born has a connection with the diseases you might develop in your lifetime.

10 of the most amazing playrooms

Designing a playroom for your kids? We've done the research and found the best play spaces out there.

How do you know when your family is complete?

How do you know when you’re done having babies? For some, it's obvious. For others, it's harder to know for sure.

Delay clamping babies' umbilical cords for better health and development

There is no dispute that we need to clamp and cut the umbilical cord, but there remains controversy over how soon after birth this should occur.

How to help a child with separation anxiety

I have a very attached preschooler who has a difficult time saying goodbye to me.

 

Talk to us

WIN A $500 VISA DEBIT CARD

The numbers are in and we can now bring you the 2014 top baby name list for Australia.

 
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.