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.
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…
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.
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…
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.
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.
Ademption traps for conveyancers
Ensure your conveyancing staff are alert to the issue of ademption of specific gifts. By FELICITY WARDHAUGH.
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…
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.
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…
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….