High Court rules on generic advice and BFAs: practical takeaways
In a stark warning to solicitors, R Lawyers v Mr Daily explores the consequences of general and ambiguous template advice.
By Jen McMillan - 2 min read
Implications of the High Court’s decision on advocate’s immunity
Settlement advice and discussions should be documented to reduce the prospects of a successful negligence claim. By SIMONE HERBERT-LOWE.
By Simone Herbert-Lowe - 2 min read
Informal communications with judges’ chambers: a professional and risk management issue
There are well established and clear protocols for communications with judges and judges’ chambers. However, breaches of protocols are not uncommon. By GREG COUSTON and…
By Greg Couston and Daniel St. George - 1 min read
No compromise on advocate’s immunity
Advice leading to a settlement agreed between the parties is not generally protected by the immunity from suit. By MALCOLM CAMERON.
By Malcolm Cameron - 2 min read
Subpoenae and claims for legal professional privilege
Where a client wishes to object to a subpoena that ‘catches’ allegedly privileged documents, it is important that the objections be made prior to the…
By Tony Cavanagh - 2 min read
‘Put and call’ options: increasing risk for property transactions
When advising on or drafting an option deed/agreement, ensure that the need for such an arrangement has been adequately considered and there are no ambiguous…
By Alex Haslam - 2 min read
Social media and your practice: playing it smart
Lawyers should be careful to ensure that their social media usage does not breach their professional obligations. By LUCY WILLIAMS and JULIA CLEMENTE.
By Lucy Williams and Julia Clemente - 2 min read
Preparing expert reports: how far can solicitors go?
Solicitors can work with an expert to narrow the issues on which the opinion is provided so that the report is directly relevant to the…
By Matthew Harding and Kaveetha Kumar - 3 min read
Vulnerable parties and settlement approvals
Although courts have a protective role in such settlement approval applications, particular care must nonetheless be taken by those acting for vulnerable parties. By ALEXANDRA…
By Alexandra Bartlett - 2 min read
Solicitor’s liability to estate beneficiaries
Ensure your client has capacity; consider an informal will in appropriate cases. By PETER MORAN and TOBY BLYTH.
By Peter Moran and Toby Blyth - 2 min read
Client lunch comes back to bite
Keep client lunches focused on building relationships not taking instructions or providing advice. By MELISSA FENTON and CRAIG HOLLAND.
By Melissa Fenton and Craig Holland - 2 min read