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
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…
By Matthew Harding and Kaveetha Kumar - 2 min read
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…
By Toby Blyth - 2 min read
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…
By Kristy Nunn and Felicity Wardhaugh - 2 min read
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.
By Ray Ward and Peter Moran - 1 min read
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…
By Simone Herbert-Lowe - 1 min read
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.
By Simone Herbert-Lowe - 3 min read
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.
By Simone Herbert-Lowe - 2 min read
Ademption traps for conveyancers
Ensure your conveyancing staff are alert to the issue of ademption of specific gifts. By FELICITY WARDHAUGH.
By Felicity Wardhaugh - 1 min read
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…
By Peter Moran and Tim Seton - 2 min read
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.
By Greg Couston and Natalie Polorotoff - 2 min read