The pursuit of hopeless cases, and practitioners making extreme pre-trial demands, may prove to be personally expensive for lawyers. Most legal practitioners are aware of the fact that they could be liable for costs incurred by a successful defendant when the court finds that the plaintiff pursued a civil action that lacked ‘bona fides’. However courts may find it difficult to establish ‘clear cases’ where solicitors should be liable to pay costs personally due to lawyer/client privilege. Nevertheless, two recent court decisions in different mid-level courts extend this principle in favour of self-represented clients and the plaintiff. Both cases involved national law firms.
Cavanagh, Patrick and Zegenhagen, Yvette
"Hard bargainers beware! Cost traps for lawyers,"
ADR Bulletin: Vol. 8
, Article 3.
Available at: http://epublications.bond.edu.au/adr/vol8/iss9/3