A settlement agreement resolving a costs dispute between solicitor and client will not necessarily bar a subsequent negligence claim unless the agreement clearly and unambiguously extends to all claims between the parties, particularly where the circumstances of the agreement may involve duress or unconscionable conduct. Advocate's immunity as stated in Giannarelli v Wraith extends to the amendment and settling of pleadings as preparatory work intimately connected with the conduct of the case in court. The question of the obligations of an independent barrister in Western Australia when instructing solicitors withdraw during a part-heard trial remains unresolved.
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