First, the Victorian Legal Services Commissioner sent out an "alert" to lawyers, to the general effect that he wasn't impressed by a rise in complaints made by lawyers to other lawyers, such as threats of legal action being taken against the lawyer for the other side. An example is where a threat is made to pursue costs personally from the other lawyer. The Commissioner said that the "aggressive and personal tone" of these interactions "demonstrates professional conduct which falls far short of the standard expected....".And, on the same day, the High Court handed down a decision to the effect that if documents are mistakenly provided to the other side (during the discovery process), they have to be returned. In this case, the firm that had received the documents sent as a result of an obvious mistake was ordered to return them - and their client had to pay the costs of this part of the litigation (all the way to the High Court)! The courts recognise that mistakes will occur in large commercial cases, and lawyers have professional and ethical obligations to support the proper administration of justice.
Now, all that remains is for some elements in the profession to take heed of the Court's comments along the lines that "speed and efficiency" are essential in legal proceedings....!
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