Lincoln Woody (Lin) is the Principal Solicitor of Lin Woody Law - Case Study - Law Assignment Help

Assignment Task

CASE STUDY

Lincoln Woody (Lin) is the principal solicitor of Lin Woody Law, a 2-person law practice providing legal services largely in the fields of conveyancing, trusts, wills, uncontested probate and estate administration. The other practitioner is Jenny Ellis (Jenny), an employee solicitor, who is relatively new to the practice.
Donald Rump (Don) is the Federal Minister for the Interior. Matilda Gates (Mattie) is a free-lance journalist with the Australia 1 Media (A1M), an online news journal self-proclaimed as a champion of free speech and fearless reporting. In an article, Mattie alleges that Don pressured a federal statutory authority to demand unwarranted access to the financial records of a charitable organisation that assists refugees and asylum-seekers. She describes it as an abuse of ministerial power that “reeks of corruption” because Don allegedly has a personal list of “preferred countries” for Australia’s humanitarian visa scheme.
Solicitors for Don, Rudi G Legal, have just served on Mattie a “concerns notice” under the Defamation Act 2005 (Vic) with an accompanying letter. Don is demanding that Mattie publish in a national newspaper an unqualified apology and retract her article, as well as pay his legal costs; otherwise he will commence legal proceedings against her for alleged defamation.

Mattie and Lin are “friends with benefits”. “Concerns notice” and Rudi G Legal’s letter in hand, Mattie flounces into Lin’s office without an appointment and slaps them onto his table, demanding that he defend her.

In the next 3 days Lin reads up on the law of defamation. By that weekend, Lin has formed the view that Mattie has a defence of justification or in the alternative, a defence of honest opinion.

The following Monday, Lin replies to the letter from Rudi G Legal refuting the allegations of defamation in the “concerns notice” and stating that Mattie is standing by what she had said about Don. He sends a copy of his reply to Mattie by email.
Rudi G Legal commence proceedings on Don’s behalf in the County Court of Victoria against Mattie and A1M for defamation and serve the court papers on Lin Woody Law as solicitors for Mattie. A1M is separately represented.

Lin files a Notice of Appearance for Mattie and starts drafting a Defence for her. He also drafts the “overarching obligations” and “proper basis” certificates pursuant to sections 41 and 42 of the Civil Procedure Act 2010 read with rules 4.09 and 4.10 of the County Court Civil Procedure Rules 2018.
Lin asks Mattie to attend at his office to “sign court papers”. … He asks Mattie to sign the “overarching obligations” certificate, telling her that it is “a formality”.
Lin finalises and signs the Defence and the “proper basis” certificate. He files them in court together with the “overarching obligations” certificate that Mattie has signed. He effects service of these documents on Rudi G Legal and emails copies to Mattie.

Two days later, Lin prepares a “Legal Services Retainer” and emails it to Mattie together with a cover letter. The cover letter states that the “Legal Services Retainer” is on a “no-win, no-fee” basis and that she should keep it for reference. The cover letter is silent on what a “win” is.
The cover letter draws Mattie’s attention to Clause 2.4 of the “Legal Services Retainer” that provides for disbursements to be borne by her and requests Mattie to pay a deposit of $4,000.

A few days later Mattie’s sister, Marjorie, drops in at the offices of Lin Woody Law. She gives Lin $4,000 in cash and tells him that the money is for Mattie’s case. An hour later Lin receives a text message from Mattie telling him that he may reimburse himself for any disbursements that he has incurred out of the $4,000 cash.
Lin has advanced $2,000 from the office account of his law practice to pay for the filing and service fees for Mattie’s court documents as well as for other expenses. Encouraged by Mattie’s text message, Lin puts $2,000 of the cash deposit into the office account of his law practice as reimbursement and deposits the balance of $2,000 into the general trust account of his law practice.

Later that same day, Lin emails to Mattie a formal request for payment of $2,000 for reimbursement of the disbursements incurred, an office account receipt for $2,000, a trust account receipt for the $2,000 in trust and a cover letter.
Lin’s cover letter explains to Mattie that as authorised by her, he has reimbursed himself $2,000 out of the $4,000 cash he received from Dolly, that the request for reimbursement of disbursements is merely a “formality for the record” that may be ignored, and that he is holding $2,000 in the trust account of his law practice for future disbursements and professional fees in her case. The following day Mattie texts a message to Lin acknowledging receipt of the documents that he emailed her.
2 weeks later, Rudi Giolany (Rudi), the principal of Rudi G Legal, contacts Lin and proposes a mediation to attempt a settlement. Lin tells Rudi that he will take further instructions from Mattie.

Lin requests Mattie to attend a client conference to discuss and take further instructions. He asks Jenny to join the client conference and gives her Mattie’s file to familiarise herself with the facts.

At the client conference with Mattie, Lin and Jenny spend a few hours discussing the case in detail with Mattie and the various options open to her. Accepting Lin’s advice, Mattie instructs him that she is prepared to offer a qualified apology to settle the matter but not to pay any damages or costs.
Rudi and Lin organise a mediation. The mediation fee is $4,000 to be shared equally by the parties. Lin pays Mattie’s share out of the balance of the deposit in the general trust account, leaving a zero balance in trust.

The mediation is unsuccessful. Rudi files and serves a Reply on Don’s behalf and the parties proceed to the next stage of the litigation process.
At their tryst on the weekend following the unsuccessful mediation, Lin requests Mattie for a further deposit of $16,000 to cover further disbursements, including barristers’ fees. The following Monday, Marjorie turns up again at Lin’s office with $16,000 in cash.

By this time Lin has incurred a further $2,000 in expenses. Out of the $16,000 cash, he reimburses himself by putting $2,000 into the office account and deposits the balance of $14,000 into the general trust account of the practice.

The following day, Lin emails to Mattie an office account receipt for $2,000, a trust account receipt for the $14,000 in trust and a Bill of Costs setting out the disbursements. His email explains that he has taken $2,000 from the further deposit of $16,000 as reimbursement of his expenses, leaving $14,000 that has been deposited into trust.

The Court schedules a judicial resolution conference.
The judicial resolution conference is conducted by a Judicial Registrar (JR). Lin and Rudi attend on behalf of their respective clients. Each solicitor is given time and opportunity to address the issues, make offers and counter-offers and present their respective cases.
The judicial resolution conference is unsuccessful, and the JR gives directions for the proceedings to progress towards a trial. The parties and their respective solicitors resume working through the next step in the litigation.

A few weeks after the judicial resolution conference, the reputable Oz Examiner newspaper publishes an exposé of parliamentarians who had made fraudulent claims over travel, accommodation and other allowances, which were collectively worth hundreds of thousands of dollars. One of the parliamentarians named in the scandal is Donald Rump. The acts of dishonesty uncovered are so egregious that all the parliamentarians implicated resign from their respective seats in Parliament.
Prior to resigning from his parliamentary seat , Don voluntarily steps aside from his ministerial portfolio to avoid being sacked by the Prime Minister. In light of these developments, Rudi G Legal withdraw Don’s defamation proceedings. The Court orders Don to pay Mattie’s party and party costs assessed at $40,000.
Lin reckons that he has put in 40 hours of hard work into the case. He decides to charge Mattie at the rate of $1,000 per hour because he underestimated the level of complexity of the case when he drew up the Legal Services Retainer. He sends an email to Mattie explaining the increase in his rate of charges and attaching a Bill of Costs; however, at the same time, he tells her that he is waiving any further disbursements incurred. He explains in his email that Mattie does not have to pay the Bill of Costs as he intends to recover what is due to him from the balance in trust and from the party and party costs of $40,000 that he is expecting to receive from Rudi G Legal. Lin further assures Mattie that she will get more or less a full refund. The Bill of Costs is reproduced as Appendix B to these Facts and contains no information other than what appears on its face.

The day after he sends the email and Bill of Costs, Lin receives from Rudi G Legal a cheque for the $40,000 party and party costs. Lin deposits the whole amount into the general trust account of his law practice, increasing the balance held in trust to $54,000. He issues a trust account receipt to Rudi G Legal for the $40,000.
The next day Lin transfers $40,000 from the trust account to the office account for the balance of his costs and issues a trust account cheque payable to Mattie for the balance of $14,000 in trust. He issues an office account receipt for the $40,000. He posts to Mattie the $14,000 trust account cheque, the office account receipt for the $40,000 transferred from trust into office account and a Statement of Account fully accounting for all monies received and used.
The Statement of Account is reproduced as Appendix C to these Facts. Mattie is left wondering how she can win the case and yet still lose $6,000.

 

Assignment

Consider the Facts above and Appendices B and C below.

Discuss Lin’s:
handling of the initial and further deposits of $4,000 and $16,000 respectively;
handling of the party and party costs of $40,000;
handling of monies held in trust; and
billing as well as manner of recovering costs and disbursements,

You are not required to discuss the validity or otherwise of the Legal Services Retainer or any possible issues that may arise from its terms.


Appendix B
LIN WOODY LAW
Bill of Costs: In the matter of DONALD RUMP v MATILDA GATES To our revised professional fees in achieving a win/success for you in the above matter including attendances, taking instructions, perusing documents, preparing, filing and serving necessary court papers, liaising with the Plaintiff’s solicitors, organising and attending mediation, attending judicial resolution conference, attending court for withdrawal of proceedings and all other necessary and incidental work ($1,000 per hour x 40 hours)
Total disbursements
Mediation fee $40,000

$4,000
$2,000
Received to account $20,000
Balance payable $26,000


Appendix C
LIN WOODY LAW
Statement of Account: In the matter of DONALD RUMP v MATILDA GATES
Received deposit towards disbursements
Less: Reimbursement of initial disbursements in cash Amount deposited into trust $4,000

$2,000
$2,000 Professional fees (revised):
$1,000 per hour x 40 hours
Total disbursements
Mediation fee $40,000

$4,000
$2,000
Balance in trust $2,000 Total $46,000
Less: Mediation fee $2,000
Less:
Credited towards disbursements
Mediation fee paid out of trust account

$4,000
$2,000

Balance in trust $0 Received further deposit towards disbursements
Less: Reimbursement of further disbursements in cash Amount deposited into trust $16,000

$2,000

$14,000 Balance in trust $14,000 Balance payable $40,000
Received party and party costs and deposited into trust $40,000

Less:
Transferred from trust account towards costs

$40,000

Balance in trust $54,000 Less:
Transferred to office account towards costs
Paid out to client balance of money in trust
$40,000

$14,000
Balance in trust $0 Balance of costs payable $0

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