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

solongsuckers View Member Profile	25/02/2013, 10:56 PM Post #1
Posts: 849 Joined: 2-July 12
Regular Member
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)

cough View Member Profile	25/02/2013, 11:03 PM Post #2
Posts: 1,527 Joined: 5-September 09
Advanced Member
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.

Fredi View Member Profile	25/02/2013, 11:05 PM Post #3
Posts: 577 Joined: 30-June 09 From: Sydney
Regular Member
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.

Fredi View Member Profile	25/02/2013, 11:13 PM Post #4
Posts: 577 Joined: 30-June 09 From: Sydney
Regular Member
QUOTE (cough @ 26/02/2013, 12:03 AM) 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.

SlowEmotionRepla... SlowEmotionReplay View Member Profile	25/02/2013, 11:17 PM Post #5
Posts: 2,888 Joined: 9-October 06
Advanced Member
What did the police do?

solongsuckers View Member Profile	25/02/2013, 11:23 PM Post #6
Posts: 849 Joined: 2-July 12
Regular Member
QUOTE (cough @ 26/02/2013, 12:03 AM) 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

solongsuckers View Member Profile	25/02/2013, 11:24 PM Post #7
Posts: 849 Joined: 2-July 12
Regular Member
QUOTE (SlowEmotionReplay @ 26/02/2013, 12:17 AM) 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

LucyE View Member Profile	25/02/2013, 11:27 PM Post #8
Posts: 9,074 Joined: 16-October 02
+
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.

cough View Member Profile	25/02/2013, 11:29 PM Post #9
Posts: 1,527 Joined: 5-September 09
Advanced Member
QUOTE (Fredi @ 25/02/2013, 09:13 PM) 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.

LambChop View Member Profile	25/02/2013, 11:29 PM Post #10
Posts: 8,189 Joined: 22-June 02
Reduce, Reuse, Recycle
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 ?

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