The peak legal body representing the rights of the individual has today said
that allegations of overcharging against solicitors and law firms should be dealt
with by the Legal Services Commissioner.
NSW President of the Australian Lawyers Alliance, Maurie Stack, said the
Lawyers Alliance condemned any conduct by lawyers which is misleading
or deceptive, but added that there was a system in place to deal with
allegations like these.
“Lawyers have codes of conduct and ethical rules in place to ensure that
they act in a manner that is both honest and unselfish, and put a client’s i
nterests above their own,” Mr Stack said.
“That is particularly so where the client by reason of race, language, mental
infirmity, social condition or disability has a limited ability to protect his or
her own interests.
“Lawyers must also observe the Professional Conduct and Practice Rules
binding on all NSW lawyers, but especially the introduction, which says
‘Practitioners should serve their clients competently and diligently. They
should be acutely aware of the fiduciary nature of the relationship with
their clients, and always deal with their clients fairly, free of the influence
of any interest which may conflict with a client’s best interests.
Practitioners should …give their clients the benefit of all knowledge they
have relevant to their clients’ affairs.’
“Furthermore, all members of the legal profession must disclose in writing
all legal costs the client must pay and, disclose their right to a bill and that,
in some situations, they have the right to review those fees,” Mr Stack said.
Mr Stack added that, in relation to the right to practise, the Lawyers
Alliance supports the statement by Isaacs J in Incorporated Law
Institute v Meagher (1909) 9 CLR 655 at 681 which, in part, reads
‘There is therefore a serious responsibility on the Court – a duty to itself,
to the rest of the profession, to its suitors, and to the whole of the community –
to be careful not to accredit any person as worthy of public confidence who
cannot satisfactorily establish his right to that credential.’
”It is worth remembering that victims who suffer serious injuries by
someone's careless acts deserve to be compensated, and getting them
compensation is hard work,” Mr Stack said.
“Defendants and their insurers can zealously resist even the most obvious
claims and it takes experienced and clever lawyers to help victims through
the complexities of the legal system.
“Most lawyers who work for injured people carry the cost of the claim and
are paid only on success. Most of these lawyers fight for justice for their
clients and are entitled to be praised for their work,” Mr Stack said.
The Australian Lawyers Alliance is an association of lawyers and other
professionals dedicated to the protection and promotion of justice, freedom
and the rights of the individual. The Australian Lawyers Alliance is an
association of over 1,500 lawyers Australia-wide, who between them
represent 200,000 clients annually.
Ref: ALA Media release
June 13th 2008.
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