Outcome and conduct: the test of reasonableness in professional negligence
Solicitors are not expected to be infallible or guarantee an outcome, but they must not be doomed to fail in adversarial contexts.
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.
Recent Court of Appeal decision has confirmed that a solicitor is not obliged to repeat advice previously given to a client.
The Royal Commission into Institutional Responses to Child Sexual Abuse has brought about significant legal reform that lawyers should be aware of.
Effective immediately, citizens of New Zealand and certain countries are no longer liable for surcharge purchaser duty and surcharge land tax in NSW.
Although it might be tempting to act for family and friends, there are various risks and pitfalls from a professional negligence and insurance perspective.
Although it may be tempting to act for both sides of a transaction, conflict of interest may arise and the consequences may include disciplinary action.
Recent decision examines obligations under Harman undertakings. Solicitors should ensure that clients understand their obligations or risk contempt of court.
Practical tips for solicitors on avoiding conflict with beneficiaries whilst acting as a trustee.
Parties are often locked in lengthy litigation due to the high conflict personalities involved and this exacts a huge toll on parties and professionals involved.
A solicitor may be liable for costs orders if they conduct litigation unreasonably, incompetently or without reasonable prospects of success.
Lawyers should ensure they are aware of and be able to advise their clients in relation to whether they may be in breach of sanction…