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Legal Herald - by Craig Hill

I AM GUILTY SAYS BUILDER

July 6th 2007 03:56
courtesy: www.freefoto.com
A licensed builder who destroyed part of a Heritage Listed house in Sydney's plush suburb of Wahroonga was ordered to pay fourteen thousand dollars by the NSW Land and Environment Court in Sydney. The builder Joe Vinci pleaded guilty to the destruction of the inside wall of the heritage listed house. Ironically it was Vinci's first job since starting his own building business and the prosecutor for Ku-ring-gai Council Mr Howard argued that Vinci should pay the maximum amount imposed for his breach of section 125 [76A] of the Environmental Planning and Assessment Act 1979. Vinci's counsel Mr Clay argued that although his client had committed a grave error when destroying the wall no major "environmental harm" had occurred during the destruction. Clay also asked Justice Pain to take numerous other factors into consideration when deciding the fine to impose such as the fact that Vinci would restore the wall and also that this was his first offence.



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The Administrative Decisions Tribunal in Sydney upheld a decision by the Commissioner of Police to refuse the granting of a security licence under section 16 of the Security Industry Act 1997. The Commissioner of Police claimed that the Caringbah man posed a risk to society due to his close association with the Rebels Motorcycle gang and his poor driving record that included driving while disqualified. Ian Mathie 43 from Caringbah spent over One thousand dollars on a security licence course because he wanted to turn his life around adding "it seems to me that you get painted with a brush and it dries, all I want is a second chance". Mr Pisani who represented the Commissioner of Police asked the tribunal to weigh up the interests of the public against the interests of the individual arguing that the public would not appreciate it if the tribunal were to grant the license to Mr Mathie. In deciding the case judicial member Ms Yvonne Grant had to decide if Mr Mathie was a so called "fit and proper person" to hold a security licence adding "the position of a security Officer is one of trust and a very important one". So as not to incriminate himself during proceedings Mr Mathie was asked to speak in confidence in relation to activities while a member of the Rebel Motorcycle gang. The licence was refused. Mr Mathie brought up a good point during proceedings stating that Colleges offering courses in Security Operations should disclose that there are strict guidelines into the issuing of licences and anyone with a past criminal record may have difficulty in obtaining a security licence.
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SOLICITOR SPENDS CLIENT'S MONEY!

June 24th 2007 13:33
The NSW Law Society has cancelled the practising certificate of a Sydney Solicitor claiming that the Solicitor misappropriated client’s money and also breached several rules under the Legal Profession Act 2004. The now barred Solicitor Ms Marilynn Ong has applied to the Administrative Decisions Tribunal in Sydney to have the decision reviewed but it is unlikely that the ex-Solicitor will be able to practise in the future and may even have her name struck off the roll. The Law Society’s representative My Boyd claimed in evidence that Ong was spending client’s money at the Casino in Star City where withdrawals of up to one thousand dollars per day were made. According to Bank records spending sprees at Parramatta’s Westfield Shopping Centre also took place. The disqualified Solicitor was forced to close her business Ong & Co in Parramatta after several clients complained of irregularities with payments after the Solicitor failed to pay them the correct proceeds of property sales. One client lost up to eight thousand dollars and had to be reimbursed by the NSW Law Society fidelity fund. During cross examination Deputy President Karpin became irritated at Ong when the disqualified Solicitor made excuses for the serious and inexcusable accounting mistakes. When it was revealed that Ong failed to disclose that she had been suspended to practice as a Solicitor in NSW to her new employer and was still working in the legal profession the hearing was adjourned so that the employer could immediately be notified. The hearing continues in July.

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Top 10 Fictional Lawyers

September 13th 2006 03:40
All over the world, lawyers are hated for their greedy, debaucherous ways. In fact, after telemarketers and used car salesmen, lawyers are definitely up there on the list of people we’d most like to punch.

But on TV it’s a different story. Those in the legal profession are given the most incredible personalities. Sometimes glamorous. Often hilarious And if you’re lucky, they might even have morals.

Here are my top 10:

1. Atticus Finch: Named after the Roman philosopher Titus Pomponius Atticus, this figment of Harper Lee’s imagination is possibly the most admired fictional lawyer of all time. He taught us the importance of the right to a fair trial and astounded us with his patience, empathy and deep sense of morality.

She-Hulk

2. She-Hulk: She’s the superhero super-lawyer making appearances in the Avengers and the Fantastic Four. Everything about her is super. She has a super hot body, a super brain and she’s on a super mission to save the world. And as if that weren’t enough, her prime area of practice is domestic violence. You go girl!


3. Ally McBeal: She was the flighty, neurotic lawyer from Boston who managed to somehow apply her personal life to every court case and come out of it all a much better person. Oh yeah, and she saw dancing babies.

4. John Cage: This character is also from the hit TV series Ally McBeal. Although he’s extremely shy and reserved in the social setting, put this guy in a court room and amongst the occasional nose whistles and the Barry White interludes, John Cage is a phenomenal trial attorney.

5. Ed Stevens : He opens up a law firm in a bowling alley. Enough said.

Sandy Cohen from the OC

6. Sandy Cohen: He is the handsome public defender who helps teens in the most troublesome of situations and has the gift of eloquent explanation. He talks with ease and can make the most complex concepts understandable to all of Orange County. Sometimes he doesn’t even need to open his mouth because his eyebrows do all the talking.


7. SpongeBob Square Pants: In one episode, the cute yellow sponge dons the character of Spongebob Lawyer Pants. Anyone who can smile all day with teeth as bucked as his and still work hard for his people deserves to be on this list.

8. Will Truman: He’s the gay New York city lawyer who quits his high profile job when his morals are put to the test and ends up partner of the infamous Doucette & Stein. He earned extra brownie points in my books when he left his high paying job and began working for the Coalition of Justice, where he provided free legal services for those who could not afford it.

9. Toadfish Rebecchi: He was the dumbo of the whole Neighbours lot until that one fateful day when he took an IQ test and realized that he was a genius. Plus he’s the slobbiest lawyer on TV and seriously entertaining. Moral of the story kids? If Toadie can do it, so can you.

10. And of course, this list would not be complete without my own idol, Elle Woods:

Elle Woods, Legally Blonde


The star of the 2001 movie, Legally Blonde, Miss Woods is the glamorous girl at law school who stands out in her pink suits and not only has an in depth knowledge of shoes and shopping but also the law. She cruises through Harvard with Honours, and unlike most law students does it in style. Note to all those people who ever thought that I was just a bimbo, up yours, I’m graduating with Honours in November!

Anyone else you’d like to add to the list? Leave a comment and let me know!




*all images used in this post are for the purposes of commentary and review.


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Creepy Lawyers

July 11th 2006 07:31
A woman went to her doctor for advice. She told her physician that her husband had developed a penchant for anal sex and she wanted to know what the risks were.

Her doctor went through the risks and said, just take care not to get pregnant.

The woman, absolutely mystified, asked, you can get PREGNANT from anal sex?

The doctor laughed and replied, of course! Where do you think lawyers came from?


If you liked that one, then check out CreepyLawyers because there’s plenty more just as uproarious. It’s a hilarious site full of naughty lawyer jokes and stories about naughty lawyers. From judges engaging in lewd conduct to solicitors trafficking cocaine, there is nothing this site doesn’t expose.

What makes it so entertaining is that the other side of the legal world is explored - the side we so rarely hear about. The side that can make you realise, lawyers and judges are, at the end of the day, only human.

Be warned, the stories are at times shocking, some even unbelievable but all entirely true.

And the best part? As you browse through the site your experience is made all the more pleasurable with the smooth tunes of “Bob Noone and the Well Hung Jury”. Click on to www.creepylawyers.com and you’ll know what I’m talking about...
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Complaints About Lawyers

July 6th 2006 07:55
You seem to be a forthright person of good fame and character, said the lawyer to a witness on the stand.

If I wasn't under oath, I'd return the compliment, replied the witness.

So, you think your lawyer is a greedy, dishonest bastard.

Well, despite what the average person believes, most lawyers are good people. They are hard-working, intelligent men and women who base their lives around assisting and representing others. Sure, you might get a bad grape in the bunch, but that’s the same with any profession.

Luckily, there is a mechanism in place to deal with the bad grape. In NSW, the Office of the Legal Services Commissioner receives complaints about lawyers and may either investigate it or refer it to the relevant Law Society or Bar Association for investigation.

A client can therefore make a complaint about his or her lawyer in writing, outlining the alleged conduct being complained of and the particular practitioner it applies to. Complaints can be made at any time but it is best to do so within 3 years after the conduct occurred otherwise the process of the complaint involves a lot more paperwork, time and effort on the part of the complainant.

If the complaint provides insufficient detail, or is frivolous, it will be dismissed without any investigation. On the other hand, should the complaint have substance and investigations reveal there was some sort of misconduct by the practitioner, the matter may either be referred to mediation, concluded by way of cautioning the lawyer, reprimand or by making a compensation order.

In cases of serious misconduct and breaches of the professional code, the Commissioner will commence proceedings in the Administrative Decisions Tribunal. The Tribunal then has the power to strike off the practitioner from the roll, cancel, suspend or restrict the lawyer’s practising certificate or make other relevant orders.

So there you go. If your lawyer really is a lying, greedy bastard, let the Commissioner know. He’ll do something about it
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His name is Khamis Al-Obeidi. He was the senior lawyer defending former Iraqi dictator Saddam Hussein on charges of crimes against humanity. Now, this father of six is dead. He was allegedly assassinated by Shi'ite militia in Sadr City on Wednesday 21st June 2006. According to various news reports, he was abducted from his home in Baghdad by men dressed in police uniforms before being repeatedly shot and left to die. Al-Obeidi is the third person from Saddam’s defence team to be killed since the trial began in October last year.

Saddam Hussein


I think what shocks me most about this story is the number of people I have heard speak positively of the deaths. It seems that some people believe that if you are going to be defending one of the world’s most hated men, then you should expect to be hated too. I guess this is a huge problem that all defence lawyers face. Not just those who defend former Iraqi dictators, but also those who defend murderers, rapists, paedophiles and other unpopular clients.

It seems that the public simply do not understand how lawyers can act for such people. Is it for the money? The publicity? Is it that lawyers are all tragically born without morals?

Or, is it that lawyers do in fact have morals manifested in their recognition of everyone’s right to a fair trial and in their decisions to defend those characters who are so hated by the rest of society?

Now don’t get me wrong. I’m not saying that all lawyers are saints. No doubt, there are those who are greedy, immoral dickheads. But I also think that sometimes the public forgets that by defending unpopular clients, lawyers are not necessarily trying to get them off the hook. What they are trying to do is to ensure that these people are given a fair sentence.

Indeed, defence lawyers such as Al-Obeidi, have one of the most difficult jobs in the world. The fact that they can carry out their tasks with all the criticism, threats of danger and actual violence that comes along with it, is in itself quite incredible.


The image used in this post is from Wikimedia Commons and is a work of the US Federal Government Department of Defense. As such, the picture is in the public domain.
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What is Pro Bono ?

June 7th 2006 08:24
from www.morguefile.com


No No No. As a friend of mine once said, we're not talking about the lead singer of U2 here. The term “pro bono” is derived from the Latin word “pro bono publico” which means for the public good. Lawyers who provide legal assistance and advice for free or at a reduced cost are said to engage in pro bono work. But the definition is the subject of much debate in the legal world where the term can mean different things to different people.

Does pro bono involve only free advice? Does it include representation in court? Does it include non-litigious matters? These are the questions that plague legal minds. But let it not plague yours. The reality is that there is no universally accepted definition of pro bono. We can only look to various sources to obtain guidance on the matter.

For example, the Law Council of Australia has provided the following definition of pro bono as situations where:
1. a lawyer, without fee or expectation of a fee or at a reduced fee, advises and/or represents a client in cases where:
(i) a client has no other access to the courts and the legal system; and/or
(ii) the client’s case raises a wider issue of public interest; or
2. the lawyer is involved in free community legal education and/or law reform; or
3. the lawyer is involved in the giving of free legal advice and/or representation to charitable and community organisations.

Apart from the definitional debate, there is also much discussion as to whether pro bono work should become mandatory for legal practitioners. Should this happen, no doubt the public perception of lawyers would improve, lawyers themselves would feel that they are actually doing good for the community and most importantly, people who do not have access to the justice system because of the simple fact that they cannot afford it will have more avenues open to them to pursue legal matters.

However, not everyone wants to be forced into doing free work. Small firms and private practices for example, often do not have the time or the resources to contribute to the pro bono schemes. And how many hours a week would legal practitioners be expected to contribute?

In the US, a pro bono target has been implemented. This involves aiming to commit a certain number of hours a year to pro bono work. The scheme maintains the voluntary quality of pro bono work by not making it mandatory and also encourages practitioners to aim for their targets, usually about 50 hours a year. In the grand scheme of things, doesn’t that sound pretty fair?
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Law-ha-ha

May 20th 2006 05:10
Who ever said that the law was boring? Ok so maybe I did once. But I TOTALLY take it back. Yes, ladies and gentlemen, I have found for all you legally inclined people out there a website that is so hilarious, so ingenious and yet so legal all at the same time.

Impossible, you’re thinking? Too good to be true? Well, log onto LawHaHa and see for yourself.




In the words of the legal eagle behind it all, Mr Andrew McClurg, this site is “an interactive humour network for legal types from all stripes: law students, lawyers, judges, legal secretaries, prison inmates, recidivist parking metre violators, anyone with a computer basically.”

It’s legal stand up comedy online featuring weird legal news, funny law school moments and opinion polls. And it is surprisingly educational. I mean, who ever knew that the comb-over was patented?? But my absolute FAVOURITE and a must-read for anyone who has ever read a legal article or any journal article for that matter, is “The World’s Greatest Law Review Article”. It’s a very clever piece and it’s funny. I actually laughed out loud when I read it, which is something I have NEVER experienced whilst reading a law text.

And that’s why I realised I need to spread the news about this site. Lawhaha is just what the legal profession needs- a laugh.
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LEGAL NEWS

May 15th 2006 07:30
www.morguefile.com
Stern faces. Big words. Curly white wigs. Let’s face it, the law is a scary thing. It is complex, daunting and involves Latin. Enough said.

The thing is, you don’t need to be a criminal or a lawyer to be caught up in its hungry jaws. The law is an all-encompassing monster that chews up everyone. Scarier still, you never know when it will creep up on you.

So prepare yourself. Educate yourself. The law is definitely something we should all know a little bit about. Sure you might have learnt a thing or two from Ally McBeal, The Practice or Law and Order but let’s widen that knowledge and take it all a step further in true Elle Woods style. Learn about cases and reforms, updates on celebrity court cases, the world’s most notorious criminals and profiles on the world’s most inspirational leaders and how they shape the legal world today.

If you have any questions, comments or opinions (and if you are a law student, I’m sure you do) feel free to post them. One thing that I have learnt after 5 years of law school is that an opinion or comment is never wrong. They are always valid as long as you can back it up.

It’s time to generate some knowledge about the law minus the boring stuff. So here I am, legally brunette, ready to break down some serious global legal issues every week.
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