If you spend a lot of your time in the company of lawyers (and why wouldn't you? They're such a hoot...) you'll have stumbled at some point across the legal term, 'Advocate's Immunity'.
It's the legislative insurance policy that usually protects lawyers from being sued by clients unhappy with the work they've done on their behalf. It's rare that applications aren't struck out. So it must be especially galling for our friends at Shine Lawyers in Brisvegas that they're facing a million dollar lawsuit by a former client claiming the service he received by Shine's now managing director, Simon Morrison and managing partner Stephen Roche was sub-standard.
In December last year, the Queensland Court of Appeal cleared the way for former client and Adelaide lawyer, Andrew Rogers to sue Shine for failing to properly represent him in a personal injury case dating back to 2001 when he was injured during a jet ski accident at a Stradbroke Island resort. Rogers claims they breached their fiduciary duties to him, saying that he lost the opportunity to get the damages that he was entitled to because of poor preparation of the case and the failure of Shine Lawyers to fulfil their contract. The amount in dispute is about $1 million plus interest. In a suit which will be heard in the Queensland Supreme Court, Rogers is also seeking the repayment of all his legal fees - which amounted to some $190,000.
In a statement, a spokesperson for Shine said: "Shine Lawyers secured Mr Rogers almost $600,000 in damages when his original case went to trial. His subsequent claim is being defended vigorously."
Legal experts say the danger is if the Supreme Court finds in favour of Rogers, it could create a precedent that opens the way for other disgruntled clients to similarly sue.
The Brissie based legal shop has been having a time of it lately including an exodus of staff of late, led by former MD/CEO Courtney Peterson, chief legal officer Jim Holding and head of HR, Melissa Leahy.
