Random
Where AAL is acting as a trustee he/she should not make a profit or charge fees. He owes his client a duty of confidence and disclosure. R. 1 (6) It is to safeguard against improper charges
Broughton v. Broughton
Test for Contempt: Clear and unequivocal interference with the administration of justice that affects or tends to affect judicial proceedings. s. 2 COCA
R v. Gray
AAL has duty to act as a reasonably competent attorney would under the same circumstances. Also s. 34 of the LPA
Pritchard Joyce v. Batcup
VERY VERY VERY good case on prosecutor's duty.
Boucher v. The Queen
Gift to AAL which prepared the will will excite suspicion
Lutchman v. Administrator General
Most stringent sanctions reserved for egregious conduct especially those involving dishonesty.
Bolton v. Law Society
Where AAL is inexperienced, he does a disservice to his client.
Wilberforce v. The state
Litigation Privilege
Munster v Lamb
Defense Counsel has a duty to ask every question but not to cast aspersions or to bully during cross examination.
R. VII
Hall v. Simon
Case applies where the where the client admits to committing the crime.
Bethel v. The State
AAL can be liable in both tort and contract.
Midland v. Hett
Where an employee is acting with authority, the AAL can be held liable for his/her actions.
Lloyd v. Grace
AAL should keep a record of his advice to client to seek independent advice etc.
Re A Solicitor 1999
AAL is expected to explain and advise the client of the document which they are signing.
Meadows v. Meadows
Prosecution has a duty to disclose which is contining.
This duty is to be fulfilled even where adverse to the prosecutions case.
Randall v. R
Persad and Jairam
Good case for part performance, estoppel and ratification.
Ramdehol v. ramdehol
Exceptions to AAL not having being able to charge fees as a trustee:
- outlined in the agreement
- AAL is asked to represent in a court proceeding
- or represents the trust in a suit
Clarkson v. Robinson
Craddock v. Piper
Burguess v. Vinicome
PN must also establish loss as a result.
Rankine v. Garton Sons
AAL will mislead the court where he presents evidence he knows to be untrue.
Vernon v. Bosley
Undue Influence also includes transactions between the client and a third party.
Nature Resorts v. First Citizens Bank
Standard of proof for PM is criminal standard.
Campbell v. Hamlet
AAL has duty to keep the organisational structure of his office proper in order to avoid breach of confidentiality.
Young v. Rhodes
Inherent jurisdiction of the court to discipline attorneys, withdrawing from case, witnesses as AAL etc
Hoseins Construction
AAL in a fiduciary position should not make a profit
Bristol v. Matthew
Case for misappropriation and keeping separate client account
Joyce Griffith