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Entries in Tulkinghorn (31)

Tuesday
Apr222014

Litigation's artful delays

Lawyers and the complexity of litigation ... Delay as a defence tactic ... Access to justice includes preventing access to justice ... Reprising the Flower & Hart saga with starring role by Ian Callinan QC ... Abuse of process ... Queensland CJ declined to intervene ... Tulkinghorn on the case 

Click to read more ...

Monday
Dec162013

Judicial self-interest

Judges still able to sue for swimming pool or kitchen remodelling payouts ... Public choice theory ... Pursuit of judicial self-interest ... Employing relatives and friends as associates ... Hearing bias applications ... Pension benefits ... Judges declare that they should be able to sue for defamation damages ... Tulkinghorn on the case

Click to read more ...

Monday
Jul152013

Guilty and/or Not Guilty

Updated on Wednesday, July 17, 2013 by Registered CommenterJustinian

Cracked trials ... Last minute change of plea from guilty to not guilty ... Consequences for the financial interests of lawyers ... Judges know about lawyers' financially driven shenanigans, but they keep shtum ... Tulkinghorn on how the system is mulcted 

Click to read more ...

Monday
May202013

High class racketeering

The personal injury racket ... The no win, no fee racket ... The after-the-event insurance racket ... The unauthorised practice of law racket ... Tulkinghorn examines the meaty bone and its associated lawyer rackets  

Click to read more ...

Monday
Mar182013

Two sorts of fusion

The fusion that dares not speak its name ... How many lawyers does it take ...? ... Solicitors and barristers - differences ... Supreme Court decisions on legal aid rulings in Victoria show the extent of the barristers-judges fusion ... Tulkinghorn explains 

Click to read more ...

Friday
Feb082013

Jailing jurors who seek the truth

Trial process trumps the search for truth ... Jurors promise to give a true verdict ... Lawyers and judges don't have to make promises about the "truth" ... The Theodora Dallas case and online research by jurors ... The confines of the adversarial criminal justice system ... Tulkinghorn opines 

Click to read more ...

Monday
Jan142013

Locking-up people who look dangerous

Pre-trial preventive detention? ... Let's call it "refusal of bail" ... How can someone commit "further offences" when none have been proved to start with? ... Tulkinghorn examines NSW's proposed new Bail Act ... Conflict of values 

Click to read more ...

Monday
Nov052012

How much is at stake? 

Tulkinghorn on competing civil litigation regimes ... The obstacle course regime involves truth-obscuring complexity and requires lots of money ... The shallow pockets version offers tribunals that seek to skip complexity ... The more obstacles, the more lawyers are "worth" 

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Friday
Sep142012

Being chased by a dog called Rhetoric

Justice Virginia Bell on rhetorical devices and barristering ... It seems to be a male thing ... Distractions from the truth ... Tulkinghorn asks, where would the bar be without bad rhetoric? 

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Wednesday
Aug152012

The slippery slope of over-charging

In another world it might be fraud to charge for something you know is not owing ... For lawyers overcharging morphs into acceptable professional conduct ... For non-lawyers "overcharging" results in jail time ... Tulkinghorn explains 

Click to read more ...

Wednesday
Jul112012

The reform process

Regular "reform" prevents there being any ... Pleadings and the generation of highly profitable crap ... How to make procedural rules better (i.e. worse) ... Tulkinghorn on the reform caper 

Click to read more ...

Thursday
Mar152012

The usual rule

Judges from the ranks of successful lawyers ... Poachers are warned not to turn gamekeepers ... Wolves in sheeps' clothing ... The usual (unusual) rule ... Judges propping-up the fees grab ... What lawyer said: "Frankly, the pursuit of money by the legal profession came to disgust me"? ... Tulkinghorn probes 

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Tuesday
Jan172012

The Circumlocution Office

"Reform" of legal fees - four centuries of chicanery ... Tulkinghorn awards prizes for "reforms" that increase legal costs ... Jacking-up revenue by replacing "necessary or proper" costs with "fair and reasonable" costs ... Looks like the Circumlocution Office has got hold of the Marfording Report 

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Monday
Nov282011

Judges fooling themselves

Judges and their reasoning ... Politics and precedent ... How judges use reasons as window dressing ... Tulkinghorn explores those extralegal criteria 

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Wednesday
Aug312011

Flying pigs land at the trough

Large law firms prime candidates for deregulation ... The big corporate question: stay in-house or go external? ... Getting millions of dollars of legal work done for $150,000 ... Tulkinghorn thinks large law firms are less ethical than small ones 

Click to read more ...

Friday
Jul152011

Immigration lore

Lawyers swarm all over and colonise areas of non-law ... Once an area has been lawyerised there is no turning back ... The hijacking of politics by the courts ... Women judges more compassionate than men in asylum cases? ... Tulkinghorn examines the creation of immigration "law" 

Click to read more ...

Monday
Jun132011

The bias in favour of complexity

Legal complexity and reasonable fees: can they co-exist? ... Tulkinghorn examines the notion that in order for trials to be fair, they have to be complicated ... When you hear lawyers and legislators proclaiming the virtues of plain English and simplification - don't believe them

Click to read more ...

Saturday
Apr232011

Conditional fees bonanza

An over abundance of lawyers does not reduce fat cats' fees ... Anti-competitive rules disguised as ethical principles ... Why are conditional fees banned in criminal cases? ... They're not entirely ... Lionel Murphy and Freehills ... Tulkinghorn explores

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Monday
Mar212011

Your blindfold is slipping

The legal profession and the judges are superb at propaganda and the maintenance of a cartel ... Propagation of notions that bear no relationship to reality ... Should the statue of justice wear a blindfold or not? ... Take your pick ... Tulkinghorn reports

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Wednesday
Feb092011

Pandora's box cannot be shut

Systematic judicial bias in favour of the legal profession ... Prof. Benjamin Barton's latest sally ... Ordinary citizens see what's going on ... Lawyers don't ... Accountants sent to jail for doing the same thing lawyers do with impunity ... Tulkinghorn flings down some burning oil

Click to read more ...