The Directors are delighted to announce the appointment of Ms Lesley McDonnell as Senior Associate who has been with Everingham Solomons for almost 7 years.
The Directors are also wishing to acknowledge Lesley’s recent achievement in qualifying for her Masters of Laws at the University of Sydney. Lesley is to graduate later this year where she will be justly rewarded for the tireless effort she has applied in achieving outstanding results in her Postgraduate Degree.
The Directors remain indebted to Lesley as being the primary Solicitor servicing our Quirindi office for the last few years in addition to being available for her Tamworth clients.
Lesley pursuit of further studies is a tremendous example of the initiative shown by our Solicitors in pursuing further qualifications to provide the highest quality of specialist service to our clients.
Specialisation has been embraced by this firm for many years with a focus of providing such services that otherwise normally may be only available in the city.
Congratulations Lesley for qualifying for your Postgraduate Degree of Masters of Laws and becoming a Senior Associate – well done !
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Solicitors Trust Accounts are regulated by the Legal Profession Act 2004 and the Legal Profession Regulation 2005. These laws are in place to regulate the conduct of money held in Trust for clients. Such money might include funds required to settle property purchases, to pay stamp duty, for distributions in deceased estates, for debts recovered, for settlement of claims, or funds required to pay legal expenses.
Trust accounts are subject to external examination every year, as well as periodic random audits by the Law Society’s Trust Department. These external examiners and auditors will check transactions through the Trust accounts to ensure they comply with the Regulations.
Solicitors are required to have written instructions to transfer funds from the Trust account. Often these instructions are incorporated into the Costs Agreement the firm enters into with the client. Also, a Solicitor may provide a Bill to a client, and advise that funds held in Trust for the purpose of meeting their legal costs will be transferred in settlement of the account unless an objection is received within a specified period.
Contrary to a common misconception, Solicitors do not earn any interest on clients funds held in their Trust account. In this state, all interest earned on funds in Solicitors Trust accounts is paid directly to the Law Society of New South Wales.
Clients may decide, particularly if a significant amount is involved for a lengthy period, to instruct their Solicitor to deposit their Trust funds into a Controlled Money account to earn interest on their money whilst it remains under the control of the Solicitor. To do so, the Client must provide written instructions to their Solicitor, which includes nominating the institution and type of account to be used.
On completion of a matter where there were Trust transactions, the Solicitor is required to provide a Trust Statement to the Client. Also, on 30 June each year, subject to some exceptions, the Solicitor is required to provide Trust Statements to all Clients where there has been Trust transactions within the preceding 12 months.
Should you have any queries about Trust accounts we would be happy to discuss them with you because Helping You is Our Business.
Privacy protection seems to be one of the new sexy terms that pops up in all walks of life. In my experience it seems to be an excuse for somebody or some organisation not providing information requested, but perhaps I am just a cynic.
Privacy laws sound wonderful and large organisations are eager to tell you how protected you are and attach a copy of their privacy policy. Unfortunately when the shoe is on the other foot, this is far from the case.
A recent matter involved a lady, who we will call Jane. Jane was struck by a motor car and completed a claim form. All claim forms just above where it needs to be signed, have an authority allowing ‘relevant’ companies to obtain information. This could allow the insurance company the ability to obtain information from all manner of people including doctors, hospitals, police etc. The claim form and the authority are one and the same document. Although the word relevant has been inserted into more recent authorities such authorities generally disclose a lot of irrelevant information. What one person considers as irrelevant, a lot of other people consider imperative.
Back to Jane. Although having signed the authority, she was most concerned that the insurance company could access all of her private details which were unrelated to the claim and she filed an application with Federal Privacy Commission Office. The Federal Privacy Commissioner’s primary role is to consider complaints. Only very rarely do they make determinations. Up until 2010, in the six years prior, the Federal Privacy Commission had yet to make a determination only assisting in conciliating matters. This would appear to make a mockery of these privacy laws and the so called protection of individuals and has not given Jane any satisfaction.
The other point to note is that even if the Commission did make a determination, it is not binding on either party.
People should also realise that individuals should take others privacy seriously and if an employee breaches another person’s privacy it will often lead to instant dismissal.
A persons privacy is of the utmost importance and although a Federal Privacy Commission might be a good start, it would appear to lack the teeth that can make any real difference. At Everingham Solomons we have the experience and expertise to assist you because Helping You is Our Business.
My name is Mark Johnson and I am very pleased to have just joined Everingham Solomons in the position of Special Counsel.
Everingham Solomons is a very good law firm. I know this because I have a great deal of experience of lawyers and law firms. After graduating from the University of Sydney, I was admitted as a Solicitor in December 1976. From the date of my admission until a few weeks ago, I practised continuously as a Solicitor in the CBD of Sydney. For 25 years, I was a partner of Holman Webb, a mid tier firm. When I first joined John Holman and Doug Webb, the firm was approximately half the size that Everingham Solomons is now. So, I did a bit of everything but my preference was for litigation and I have been a specialist commercial litigator for many years.
I have acted for many corporations and individuals in all kinds of contentious matters. I have acted for banks and finance companies, insurance companies, property developers, construction companies, a trade union and an American toy manufacturer, a German pharmaceutical company and an Italian metal manufacturer. I have acted for individuals alleged to be stand over men, insider traders and stock market manipulators. I have also acted for many individuals with all sorts of problems with landlords, bureaucrats, family, neighbours and the police.
I came to Tamworth because I have family here, because my three children are grown up, because I wanted to escape the clamour of the city and because I wanted to join Everingham Solomons. It is an excellent firm. I look forward to working with the Directors Terry Broomfield, Ken Sorrenson, John Boag, Terry Robinson, Jennifer Blissett and Mark Grady and the Solicitors and staff and that I can contribute to the maintenance of the firm’s standards of excellence in providing legal services to its clients because Helping You is Our Business.
The Directors are delighted to announce the appointment of Ms Lesley McDonnell as Senior Associate who has been with Everingham Solomons for almost 7 years.
