Stringer v Flehr and Walker

Stringer v Flehr and Walker is a case where the plaintiff, Stringer, sought to hold the defendants, Flehr and Walker, liable for professional negligence. The dispute arose from an intra-family transaction involving the sale of a property, where Stringer believed that Flehr and Walker, who were acting for her brother, owed her a duty of care. Stringer alleged that the solicitors failed to advise her to obtain independent legal advice and that there was a tacit understanding that they were acting on her behalf. The case was heard in the Supreme Court of New South Wales.

The primary legal issues before the court were whether there was an express or implied retainer between Stringer and the solicitors, and if so, whether the solicitors owed Stringer a duty of care in the absence of a formal retainer. The court had to determine if there was sufficient evidence to prove an implied retainer and whether Stringer regarded the solicitors as acting on her behalf. Additionally, the court needed to consider whether the solicitors had assumed responsibility towards Stringer and whether she had relied upon them for advice.

The court held that there was no evidence to establish an express or implied retainer between Stringer and the solicitors. The court found that Stringer did not regard the solicitors as acting on her behalf and that the solicitors had not advised her to obtain independent legal advice. The court further held that there was no assumption of responsibility by the solicitors towards Stringer and that she had not relied upon them for advice. Consequently, the court found that the solicitors did not owe Stringer a duty of care.

The court's judgment resulted in a finding in favour of the defendants, Flehr and Walker, against the plaintiff, Stringer. The court dismissed Stringer's claims for professional negligence, concluding that there was no solicitor/client relationship that would give rise to a duty of care.