OMEN
09-11-2006, 09:24 PM
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The Supreme Court has ruled that barristers can be sued by clients who do not believe they have done a good enough job arguing civil cases in court.
It follows a four year court battle by two Auckland company directors who claim their lawyers were negligent during a High Court case in 2002. The lawyers successfully argued that barristers have immunity from prosecution.
Their dissatisfied clients went to the Appeal Court, which ruled barristers' immunity should be abolished. The lawyers in turn went higher, to the Supreme Court but have lost the argument and have been told to pay $30,000 costs.
Now that the clients have won the right to sue, the original claim of negligence, has to go back before the courts to be argued.
However, the Bar Association believes the Supreme Court has got it wrong.
President Jim Farmer says 50 percent of civil court cases are lost, usually for very complex reasons, not the least being that judges do regularly get things wrong.
Mr Farmer fears the ruling will lead to a lot of confusion and uncertainty and raise false expectations on people's ability to sue their lawyer.
Newstalk.ZB
The Supreme Court has ruled that barristers can be sued by clients who do not believe they have done a good enough job arguing civil cases in court.
It follows a four year court battle by two Auckland company directors who claim their lawyers were negligent during a High Court case in 2002. The lawyers successfully argued that barristers have immunity from prosecution.
Their dissatisfied clients went to the Appeal Court, which ruled barristers' immunity should be abolished. The lawyers in turn went higher, to the Supreme Court but have lost the argument and have been told to pay $30,000 costs.
Now that the clients have won the right to sue, the original claim of negligence, has to go back before the courts to be argued.
However, the Bar Association believes the Supreme Court has got it wrong.
President Jim Farmer says 50 percent of civil court cases are lost, usually for very complex reasons, not the least being that judges do regularly get things wrong.
Mr Farmer fears the ruling will lead to a lot of confusion and uncertainty and raise false expectations on people's ability to sue their lawyer.
Newstalk.ZB