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.
Two recent decisions highlight the problems that can occur in expert reports or evidence and the attendant risks. By JENNIFER O’BRIEN
JEN MCMILLAN provides her top tips to help solicitors manage critical dates.
Professional negligence claims can often arise from complex litigation. JANICE PURVIS and CANDICE PERRIMAN outline some ways to recognise and manage the risks.
Four tips to minimise risks when finalising estate matters. By JEN MCMILLAN.
Honesty is always the best policy. If a claim arises from a lack of honesty, professional indemnity insurance cover may be in jeopardy. By MALCOLM…
Why bilingual lawyers should think twice before taking on the role of interpreters for their clients. By JEN MCMILLAN.
A discussion of Reilly v Reilly [2017] NSWSC 1419 and restrictions on Powers of Attorney imposed by the general law. By GREG COUSTON and TONY…
Online Court has its advantages but solicitors must keep on top of their emails to avoid the risks of costs orders and dismissal of proceedings….
It is important to recognise the close relationship between stress and the increased risk of a professional negligence claim. By CANDICE PERRIMAN.
The authority of an enduring attorney is expressed differently in each jurisdiction. But a Queensland decision may have relevance in New South Wales. By JEN…