Five piggy banks lined up. One larger than the other four.

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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Black dollar sign that has been burnt and is disintergrating

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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The courts’ overriding purpose – ignore at your peril: practical guidance from judges

Obligations imposed by the overriding purpose of the Civil Procedure Act 2005, NSW have teeth and must be taken seriously – they are not ‘just pious…

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Professional discussing document with couple

Privilege lost: preservation of privilege, practice pointers

A client’s legal professional privilege can be destroyed and lost relatively easily (often inadvertently) by that client’s own conduct, or the conduct of their lawyers….

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Close up of pen signing a will

Informal wills: the duty of a lawyer to consider, discuss and make an informal will for a client

Practitioners should be aware of the provisions of the Succession Act, which allow a testator(trix) to make an “informal will”. By GREG COUSTON and DANIEL ST…

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Man and woman discussing documents at a desk

Prospects of success: the dangers of overstating

Lawyers should not advise that a client has good prospects of success in litigation without considering the measure of damages if the client succeeds. By…

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women in a meeting

Extent of duty: how far should you go?

If doing legal work on a pro bono basis, lawyers must provide clients with the same level of knowledge and skill afforded to a paying…

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