Cappello v Lyons

In *Cappello v Lyons*, the New South Wales Court of Appeal considered a claim of professional negligence against a solicitor. The dispute arose from the solicitor's alleged failure to properly conduct litigation, specifically concerning the drafting of pleadings.

The central legal issue before the Court was whether the doctrine of advocate's immunity extended to the drafting of pleadings and, more particularly, to omissions by a legal practitioner in that process. The Court had to determine if the solicitor's actions, or inactions, in preparing the pleadings fell within the scope of immunity typically afforded to barristers for work done in court or in preparation for court.

The Court reasoned that advocate's immunity is fundamentally concerned with protecting decisions made by legal practitioners affecting the conduct of a case in court. In this instance, the Court found that there was no evidence that the solicitor had considered and made a decision not to include specific contractual clauses in the pleadings. Consequently, the Court concluded that advocate's immunity was not available as a complete defence to the solicitor for the alleged omissions in the drafting of the pleadings.