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Old 29th Oct 2010, 10:38
  #146 (permalink)  
Just a Grunt
 
Join Date: Jan 2003
Location: Oz
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Lawyer-client communications are privileged. But if, for example, a client makes a complaint about how you handled their case, they are usually said to have impliedly or expressly waived privilege, and the communications may be revealed to, for example, an appellate court (where someone says they were coerced into pleading guilty), or our regulator, the Legal Services Commission (which decides cases of alleged misconduct).

Complaints after a "sub-optimal" outcome are quite common, and there has been a quantum shift in the approach that (a) facilitates the making of complaints and (b) makes the process transparent.

Recording the discussion of difficult issues or the making of hard decisions is seen by many as self-protection.

I imagine that there have been cases where flight recorder data has demonstrated that the crew were blameless.
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