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Money for nothing

Money for nothing

By Gino Dal Pont

Ethics Practice & Procedure 


The lawyer-client relationship has from early times been punctuated by inequality, explaining why it has long been acknowledged as fiduciary in nature. Beyond the core obligations of loyalty and unselfishness expected of fiduciaries, as between lawyer and client further initiatives both at common law and under statute have sought to “equalise” the relationship. These have chiefly targeted lawyer charging practices, reflected in a jurisdiction to set aside costs agreements, avenues to review costs (via taxation or assessment) and, more recently, prescribed costs disclosure obligations. No other profession, occupation or endeavour is similarly regulated, which also functions against the spectre of professional discipline for overcharging.

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