Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

1. Scottie Romisson (Scottie) is a principal solicitor of Romisson & Barney Lawyers, a general law practice comprising 3 legal practitioners. The other principal solicitor

1. Scottie Romisson (Scottie) is a principal solicitor of Romisson & Barney Lawyers, a general law practice comprising 3 legal practitioners. The other principal solicitor is Joyce Barney (Joyce). The third practitioner is Gus Tyler (Gus), an employee solicitor, who joined the law practice recently.

8. Peta Duton (Peta) is the Minister for Education, Migration and Enterprise (MEME). Marri Sharkson (Marri) is an opinionated blogger, occasional free-lance journalist and self-proclaimed crusader against corruption. Marri's slogan on her blog states that she goes 'where angels fear to tread', apparently a misunderstanding of the proverb 'fools rush in where angels fear to tread'.

9. In a recent post on her blog, Marri identifies Peta as the Minister who is pressurising AFAR through SCONE. Marri asserts that Peta is abusing her position as the MEME. Marri suggests that Peta is applying pressure on AFAR because Peta is beholden to a nationalist lobby group that has been agitating for a new 'Caucasian Australian' policy because of the lobby group's generous donations to Peta's political campaign. In her post, Marri poses the question, 'If this isn't corruption, then I don't know what is'. Marri's post is based on information provided by an inside source in SCONE.

10. Annie Rusdon (Annie), a principal of Rusdon Legal, is Peta's solicitor. Annie commences defamation proceedings on Peta's behalf in the County Court of Victoria against Marri. Scottie is acting for Marri in the proceedings. Scottie files in court and serves on Rusdon Legal the necessary documents to defend the claim on Marri's behalf.

12. Scottie contacts Annie to propose a mediation to attempt a settlement. Annie takes instructions from Peta who, somewhat to her surprise, agrees. Annie conveys her client's agreement to attempt a mediation to Scottie, who requests Marri to attend a client conference to prepare for the mediation. He asks Gus, his employee solicitor, to join the client conference and gives him Marri's file to familiarise himself with the facts.

13. While perusing Marri's file, Gus realises that Peta is being represented by his former employers, Rusdon Legal. Peta was a business person before she entered politics and Gus recognises Peta as a long-standing client of Rusdon Legal although he himself never handled any of her matters when he was working there. Gus has heard many stories from former colleagues, including Annie herself, about Peta's character, her way of thinking, how she deals with her opponents and her approach to disputes and dispute resolution processes. Apparently Annie and Peta have been friends since their days at university, and Peta has always engaged Annie to handle all her legal matters.

14. Gus devises a strategy using what he knows about Peta on how to "handle" her and the mediation. He discusses his strategy with Scottie before their client conference with Marri. Scottie is very pleased with the initiative shown by Gus as he can see that it may give Marri an advantage over Peta in the mediation and in the proceedings generally, as Marri's source for her blog post is currently unco-operative and unlikely to give evidence for Marri. At the client conference, Scottie and Gus spend a few hours with Marri discussing the case in detail and the various options open to her. Marri gives Scottie a written mandate authorising him to settle on the basis that she is prepared to offer a qualified apology but not to pay any damages or costs.

Please refer to paragraphs 1, 8 to 10, and 12 to 14 of the Facts.

Discuss the conduct of Gus Tyler in paragraphs 13 and 14 with reference to the relevant rules of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Law Express Consumer And Commercial Law

Authors: Judith Tillson

6th Edition

1292295775, 978-1292295770

More Books

Students also viewed these Law questions

Question

=+b) If you identified a seasonal component, what is the period?

Answered: 1 week ago

Question

4. Similarity (representativeness).

Answered: 1 week ago