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In New South Wales legal practitioners are required to

Customer Question
In New South Wales...

In New South Wales legal practitioners are required to certify, in respect of a claim for damages, that there are reasonable prospects of success. Is there a similar provision that applies to WA legal practitioners

Lawyer's Assistant: What state/territory is this in? It matters because laws vary by location.

I am asking about Western Australia.

Lawyer's Assistant: What steps have you taken so far?

I have looked at WA legislation but have not found any requirement that reasonable prospects be certified

Submitted: 3 months ago.Category: Australia Law
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Answered in 7 minutes by:
4/3/2018
Solicitor: John Melis, Lawyer replied 3 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,334
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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 3 months ago

In relation to your important question about the legal profession in WA, there are same rules apply in NSW and all other states.

The lawyer before raising an acton must have a proper basis for the claim that is submitted.

If a claim is wrongly brought both the plaintiff and lawyer can suffer penalties with cost orders being raised against that party or their lawyer.

Where the lawyer has acted outside the instruction of the client, and brought proceedings without the client authority and on a proper basis, the lawyer will be held liable.

The following link are to the Act and Rules of the legal profession which confirms the statement above.

http://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/wa/consol_act/lpa2008179/

http://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/wa/consol_reg/lpcr2010301/

You have a legal right to protect your interests in this important situation.

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