Lawcovernotes October 2013

Loose lips sink cases Be careful where you talk on the phone – you never know who is listening! The example below occurred but was not the subject of a Lawcover claim. It is a timely reminder that there is no privacy on a commuter train - nor in many other public places! One morning, I was again travelling to work on my regular peak hour train. An upper-middle aged man sat on the other side of the carriage – what caught my eye was the branded folder of a well known international law firm. What caught my ear was another matter altogether! The man dialled his phone and told the entire carriage that he was off to a meeting in O’Connell Street. He then announced in words to the following effect: “Yeah mate, we went down in the Court of Appeal yesterday for $19 million and they want me to apply for special leave to the High Court. Yeah – well, I would, but we went down 3 nil – I might have if someone had agreed with us. You know? I would have been better off settling for $10 million – at least I would have had certainty” * Having arrived at work with a burning curiosity and well armed with details, including but not limited to, the name of the firm, the date of the judgment and the amount of the judgment - I found the name of the case online in a manner of seconds. I did think that the opposing party and their lawyers would have been very interested to know that the litigation would have settled for $10 million and may still like to know, if an application for special leave is made! Yet again I remind you from the world of real experience - please consider who might listening in to your (private) conversation and more importantly who might be in a position to act on it. Careless talk can cost more than a momentary embarrassment. * Certain details have been changed in order to protect the identity of the person! Jennifer Baker Claims Solicitor