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 and - 4 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 and - 5 min read

Personal costs orders against solicitors

Each year a number of costs orders are sought against legal practitioners personally. By PETER MORAN.

By - 4 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 - 5 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 and - 3 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 - 9 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 - 6 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 - 4 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 and - 3 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 and - 3 min read