ABC LAW - JASON AND SALLY CASE STUDY - LAW ASSIGNMENT HELP
ASSIGNMENT TASK: QUESTION 1 1ABC Law (ABC) acted for Les on a contractual dispute that eventually settled on terms that Les was not particularly happy about, but that he was prepared to accept to conclude the matter nevertheless. ABC charged Les $65,000 for its services in 3 separate invoices ($15,000, $20,000, and $30,000).
Discuss the following: • • • •
Is Les able to seek assessment after all costs have been paid? To what extent, if any, has ABC breached the disclosure compliance requirements? Is ABC’s exercise of the common law lien a valid one? How should it be determined whether ABC is entitled to withhold all of its file notes, and the cost disclosure and cost agreement documents if ABC decides to release the client file back to Les?
QUESTION 2 Jason and Sally are best of friends. They went through University together studying law, and are now solicitors working in different law practices in the ACT.Sally is in a spot of bother with her mortgage repayments, and in a generous gesture of friendship Jason has promised to deposit $2,500 into her account to help her with the next two mortgage payments. However, the money never arrives and Sally is now in trouble with her bank.
Unfortunately, the seller uses the $1 million to prop-up another failing business, and the funds are not applied to paying off the creditor. The seller is placed in liquidation, and the settlement of the sale is stalled.Discuss whether in the above scenario there have been any undertakings given by Jason to Sally and if so whether there are any breaches of undertakings pursuant to rule 6 of the Legal Profession (Solicitors) Rules 2015. Support your discussion with relevant case law.
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