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essie Muddle is the principal and sole practitioner of J Muddle @ Law, practising mainly in commercial law. She occasionally takes on litigation matters. Man

  1. essie Muddle is the principal and sole practitioner of J Muddle @ Law, practising mainly in commercial law. She occasionally takes on litigation matters.
  2. Man Trubble is in a dispute with his former business partner Anh Kendu. Kendu's solicitors have commenced proceedings in the County Court of Victoria against Trubble. They have served on Trubble a writ and statement of claim 2 days ago. Kendu is claiming $300,000 from Trubble.
  3. Trubble attends at Muddle's office seeking legal advice and representation. He brings a briefcase bulging with documents for Muddle to look through. Muddle takes one look at the briefcase and requests Trubble to pay a deposit of $5,000. Trubble complies. Muddle asks Trubble why he is seeking legal assistance only now. Trubble tells her that all along he thinks Kendu is bluffing and will not actually follow through with his threat of legal action. Muddle spends the next hour taking preliminary instructions from Trubble.
  4. Muddle concludes the conference by informing Trubble that she will go through the documents, research the law, and advise him at the next conference. She tells Trubble to come back the following Monday. Trubble tells Muddle that he wants to fight Kendu's claim "no matter what". Muddle says she hears him.
  5. 2 days later Muddle and Trubble have their second conference. She looks him in the eye and tells him that he should settle the claim. Trubble tells her that he is not interested in settling and wants to counterclaim against Kendu for double the amount, if possible, "to teach that good-for-nothing b*** a lesson". Muddle raises her meticulously plucked eyebrows and asks Trubble whether he is sure. He replies "absolutely, if you think it is possible". Muddle replies, "Anything's possible for a price". Trubble nods.
  6. Muddle drafts a statement and gets Trubble to sign it. It reads:
    1. "I, Man Trubble, acknowledge that I have received advice from my solicitor, Jessie Muddle, to settle An Kendu's claim of $300,000 against me. I confirm my instructions to defend the claim and to make a counterclaim of $600,000 against An Kendu."
  7. The second conference takes less than 30 minutes. Muddle tells Trubble to return the next day to sign "court papers". After Trubble leaves, Muddle files in court a notice of appearance on his behalf and serves a copy on Kendu's solicitors. She prepares a defence and counterclaim.
  8. The next day Muddle shows Trubble the defence and counterclaim. She gets him to sign Form 4A of the County Court Civil Procedure Rules 2008 (CCR). She herself signs Form 4B of the CCR and the defence and counterclaim. After Trubble leaves, Muddle files in court the defence and counterclaim together with the 2 forms and serves copies on Kendu's solicitors.

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  1. Discuss Muddle's conduct with reference to the relevant provisions of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015..

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