Gerry Case Study & Legal Issue With Civil Proceedings Alleging Negligence - Law Assignment Help

Assignment Task

Gerry

Gerry is a solicitor of 30 years standing and has never had a complaint filed against him about his professional conduct. He primarily practices criminal law but has acted in civil matters before. His sister Erica is served with civil proceedings alleging negligence. Erica is an arborist and when removing a tree. it is alleged that she negligently allowed the plaintiff's property to be damaged. The plaintiff is claiming 5300.000 in property damage plus interests and costs. Erica is uninsured. Erica asks Gerry to act for her Gerry does not issue a retainer or costs agreement covering his representation since he is acting for his sister. Gerry warns Erica that he may have to employ counsel to appear in the matter. Erica gives Gerry $50,000 cash to cover the initial costs of representation. Gerry places 510.000 in a brown paper bag in the bottom draw of his office desk and places $10,000 into his office general account to cover disbursements. He deposits the remaining 530.000 into his firm's trust account Without seeking approval from Erica. Gerry employs a civi law barrister who upon finalisation of the matter, issues a tax invoice to Gerry's firm for $35.000. The case took almost 12 months to finalise and resulted in Erica being found to have not been negligent in the removal of the tree. The firrn's costs amount to a further 530.000 plus $5,000 en disbursements. Gerry sends Erica a final invoice for a total amount of $70,000 including disbursements, noting that after the initial payment $20,000 is owing. Upon receiving the invoice issued by Gerry's firm, Erica complains to Gerry that she thought she would be getting the 'family discount' for the representation. Gerry advises Erica that she did get the 'family discount! Erica asks Geny for a breakdown of the costs and disbursements, but Gerry refuses to provide such a breakdown. Erica gives Gerry $10,000 in cash and says that that is all she is willing to pay to finalise the matter. Gerry transfers 535.000 from the firm's trust account to pay counsel's fees and deposits the $10,000 cash received from Erica directly into the firm's general account to account for the final invoice then writes off the remaining $10,000 against his firm's tax kabihty as lost costs.  Hac Many annn anythinn urrrInnic rliant and hic Hilly to arrnisnt fir mnniac .

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