Conflicts, causation and the limits of Brickenden
The Court denied a plaintiff use of the Brickendon exception for a claim for breach of fiduciary duty, even though the solicitor acted for both parties.
Transactions involving enduring powers of attorney
Solicitors play an important role in safeguarding against elder abuse. By JEN MCMILLAN.
Do you know it all? When it’s unwise to advise
Dabbling in unfamiliar practice areas can be unfair to the client and increase risk for the practitioner. By KERRIE LALICH.
Caution – solicitor on board! Serving on a client’s board of directors
There are real risks when acting as a director on the board of a client’s company. By ELISSA BAXTER.
Making enduring powers of attorney: practical tips
Ensure clients understand the real life impact and full scope of enduring powers of attorney. By JEN MCMILLAN.
Ready to defend yourself? The power of the file note
A lack of file notes is a significant handicap in presenting a successful defence on behalf of an insured. By JANICE PURVIS.
Is your firm privacy compliant?
From early 2018, new privacy legislation will require the mandatory reporting of certain data breaches for organisations which are required to comply with the Privacy…
Reasonable supervision: what does it mean for you and your staff?
Reasonable supervision of staff is a requirement under the Australian Solicitors’ Conduct Rules. Jennifer Baker of Lawcover has some compliance tips. By JENNIFER BAKER.
Clarifying your (evolving) retainer
The retainer agreement is the best evidence of the parties’ intention and the client’s instructions at the time the scope of the work was agreed…
When clients provide security for a third party’s benefit: some practical tips
Always advise on risks, especially where the client is providing security for a third party’s benefit. By MATTHEW HARDING and KAVEETHA KUMAR.
Risk management and claims prevention
The incidence and cost of claims against Lawcover insureds has reduced markedly. By SIMONE HERBERT-LOWE.