NSW I am suing my solicitors

[lazi]

My solicitor made it clear that he would challenge only one element of the offence I was accused of. He subsequently lost the case. I took over and appealed, eventually to the Supreme Court who agreed with me that there were at least two further elements that should have been "considered". I have just now lodged a claim against the solicitor. I need help in running this claim - that is, what do I need to prove, how to prove it, etc. All suggestions welcome...

 

[lazi]

The problem is, the solicitors represented me, but they did not make out any engagement letter, or any sort of written contract. My contention is that they breached the unwritten, or verbal, contract. But without any hard copy, that will be difficult to prove. Any suggestions?
Also...what sort of trouble are these two solicitors in for not making out an engagement letter? (They both work for the same firm)

 

[James McGill 0708]

You said that the Supreme Court found that two other elements should have 'been considered', however did the Supreme Court overturn your conviction and allow your appeal?

 

[lazi]

I appealed the Local Court conviction to the District Court, where the conviction was upheld. I then appealed to the Supreme Court, which quashed the District Court verdict. Two issues - both being elements of the statute - were found to have been "not considered". And certainly they were not argued by my solicitor at the Local Court. One of them being the important issue of "mens rea". These were not considered at the District Court or at the Local Court.
There were other issues also in the District Court. For example the Supreme Court made a finding that the District Court hearing was unfair. But this has no bearing on the way my solicitor ran the case at the Local Court.