The latest on advocate’s immunity
The latest cases underscore that settlement advice remains outside the immunity, but pleadings and evidence preparation often fall squarely within it.
By Natalie Polorotoff and Lucy Williams - 2 min read
Ready to defend yourself? The power of the file note
A lack of file notes is a significant handicap in presenting a successful defence on behalf of an insured. By JANICE PURVIS.
By Janice Purvis - 2 min read
Is your firm privacy compliant?
From early 2018, new privacy legislation will require the mandatory reporting of certain data breaches for organisations which are required to comply with the Privacy…
By Simone Herbert-Lowe - 3 min read
Reasonable supervision: what does it mean for you and your staff?
Reasonable supervision of staff is a requirement under the Australian Solicitors’ Conduct Rules. Jennifer Baker of Lawcover has some compliance tips. By JENNIFER BAKER.
By Jennifer Baker - 4 min read
Clarifying your (evolving) retainer
The retainer agreement is the best evidence of the parties’ intention and the client’s instructions at the time the scope of the work was agreed…
By Simone Herbert-Lowe - 2 min read
Real property changes: risk management tips for solicitors
Recent law changes require solicitors to consider additional factors when acting on transactions involving real property. By LUCY WILLIAMS.
By Lucy Williams - 2 min read
When clients provide security for a third party’s benefit: some practical tips
Always advise on risks, especially where the client is providing security for a third party’s benefit. By MATTHEW HARDING and KAVEETHA KUMAR.
By Matthew Harding and Kaveetha Kumar - 1 min read
Risk management and claims prevention
The incidence and cost of claims against Lawcover insureds has reduced markedly. By SIMONE HERBERT-LOWE.
By Simone Herbert-Lowe - 2 min read
Duty of care to prospective beneficiary under a will? Badenach v Calvert
A solicitor approached to draft a will does not always owe a duty of care to a prospective beneficiary. By ABBEY BURKE.
By Abbey Burke - 2 min read
Key principles of privilege and waiver of privilege
The underlying facts play a large part in any privilege considerations – but practitioners need to clearly appreciate the legal principles. By GREG COUSTON and…
By Greg Couston and Lucy Williams - 2 min read
Can a lawyer act contrary to a former client’s interests?
One of the key considerations is whether the law firm has established an effective ‘information barrier’ to prevent the disclosure or misuse of the former…
By Greg Couston and Laura Acton - 2 min read