The ethics of negotiating
A solicitor’s professional duty to the court and the administration of justice is paramount and prevails to the extent of inconsistency with any other duty.
A cybersecurity wake-up call: protecting trust accounts
In the ever-evolving landscape of cybersecurity threats, a recent event has underscored the vulnerability of trust accounts to cyber-attacks.
Considerations concerning settlement offers
A look at Metricon Homes Pty Ltd as trustee for Metricon Homes Unit Trust v Lipari (No 2) [2024] NSWSC 684
Supervening events: learnings from Perpetual Corporate Trust Limited v Ip [2024] NSWSC 728
In this case, the Plaintiff brought legal proceedings against three defendants in connection with unpaid mortgages.
Conditional cost agreements and the meaning of ‘successful outcome’
Cost agreements, unlike cost disclosure, are not mandatory.
When a client expresses thoughts of self-harm
While the vast majority of solicitors are not trained mental health professionals, often they find themselves acting in the role of a situational or accidental…
Dealing with delay
Lawyers are under constant pressure. Deadlines, demanding clients, preparation time, scheduling appointments, settlements and ensuring that all obligations are met.
To make offers of compromise but not add unnecessary terms
A cautionary tale against the adding of unnecessary things for the sake of being creative, as it risks very negative consequences.
When helpful is harmful
Sometimes small helpful acts can have unintended consequences
‘No contact rule’ for solicitors: a regulatory perspective
The NSW Civil and Administrative Tribunal recently found a solicitor to have engaged in professional misconduct by communicating directly with another solicitor’s client.