Kendirjian v Lepore

The New South Wales Court of Appeal considered an appeal in *Kendirjian v Lepore*. The appellant, Mr. Kendirjian, alleged professional negligence against his former solicitors, Mr. Lepore and his firm. The core of the dispute concerned the solicitors' conduct in relation to a settlement offer made during earlier litigation. Mr. Kendirjian contended that his solicitors negligently failed to advise him adequately regarding this settlement offer, which he ultimately rejected, leading to a less favourable outcome in the subsequent court proceedings.

The central legal issue before the Court of Appeal was whether the alleged failure to advise in relation to the settlement offer constituted a matter that fell within the scope of advocate's immunity from suit. Specifically, the court had to determine if this alleged failure was a decision affecting the conduct of the case in court, thereby attracting the protection of advocate's immunity as established in *D'Orta-Ekenaike v Victorian Legal Aid*.

The Court of Appeal applied the principles from *D'Orta-Ekenaike v Victorian Legal Aid*, which holds that advocate's immunity extends to work done out of court that is so intimately connected with the conduct of the cause in court that it can fairly be said to be part of the conduct of the cause itself. The court reasoned that advice regarding a settlement offer, particularly when that offer is made in the context of ongoing litigation and its acceptance or rejection directly impacts the progression and potential resolution of the court case, is intrinsically linked to the conduct of the litigation. Therefore, such advice falls within the ambit of advocate's immunity.

Leave to appeal was granted, but the appeal itself was dismissed. The applicant, Mr. Kendirjian, was ordered to pay the respondents' costs of both the application for leave to appeal and the appeal.