Knowing when to say no: assessing the merits before acting
An examination of when solicitors should advise against proceeding and the consequences if that advice comes too late.
An examination of when solicitors should advise against proceeding and the consequences if that advice comes too late.
Solicitors are not expected to be infallible or guarantee an outcome, but they must not be doomed to fail in adversarial contexts.
The latest cases underscore that settlement advice remains outside the immunity, but pleadings and evidence preparation often fall squarely within it.
In a stark warning to solicitors, R Lawyers v Mr Daily explores the consequences of general and ambiguous template advice.
Solicitor conflicts can undermine entire proceedings. Recent cases show courts will intervene to protect fairness, even against a client’s wishes.
Stamp duty, cyber fraud and missed instructions—why property-related claims against practitioners are climbing and what you can do about it. by GLENDA CARRY
The Family Law Amendment Act 2024 reshapes solicitor obligations: are your workflows, advice templates, intake forms and disclosure protocols ready?
Defamation law is becoming more complex and inconsistent between jurisdictions. What can you do to mitigate risk in this changing area of law?
State appellant courts do not always have jurisdiction to hear appeals from their own supreme courts.
Get around the main features of the Supreme Court Practice Note, including its prohibitions and the consequences of misuse.
The recent NSWCA decision, Odlum v Friend, highlights the importance of contemporaneous written records.
A recent decision finds the existence of a general retainer is not proof of engagement to act in a particular transaction.
Losing track of who you are acting for is not unusual, especially with complex families, but it can have serious consequences.