Dangers in over-reliance on counsel

Solicitors, whatever their level of expertise, must give attention to the issues considered by counsel and not blindly accept counsel’s advice. By MATTHEW HARDING and…

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The risks of mixing legal and financial advice

Solicitors must be conscious of the difference between financial and legal advice and know when to advise a client of the need to obtain independent…

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Protecting against the other party’s actions in family law proceedings

Protect yourself against a client’s anger towards their ex-partner – it can lead to the client looking for someone to blame and a subsequent negligence…

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Do I suggest an informal will? The Howe v Fischer appeal

Claims against solicitors by disappointed beneficiaries on the basis of delay in will preparation are on the increase. By RAY WARD and PETER MORAN.

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Professional negligence: how much will a claim really cost me?

The direct costs for a law practice of a professional negligence claim can include payment of an excess, a possible increase in professional indemnity insurance…

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The risky business of advising on pre-nuptial agreements

Prenuptial agreements are a high risk area for lawyers if detailed advice is not provided. By SIMONE HERBERT-LOWE.  

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Professional indemnity policy: what conduct is caught by the dishonesty exclusion?

Lawcover’s professional indemnity insurance policy indemnifies solicitors against civil liability for claims arising from the provision of legal services. By SIMONE HERBERT-LOWE.  

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Ademption traps for conveyancers

Ensure your conveyancing staff are alert to the issue of ademption of specific gifts. By FELICITY WARDHAUGH.

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The scope of a solicitor’s fiduciary duty

A fiduciary relationship does not arise merely by reason of the status of the relationship. It comes about due to what the solicitor agrees to…

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Lawyers’ liability to non-clients: additional dimensions of liability in finance transactions

Lawyers can also incur liability where they have not been negligent and to persons who are not their clients. By GREG COUSTON and NATALIE POLOROTOFF.

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