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.
Informal communications with judges’ chambers: a professional and risk management issue
There are well established and clear protocols for communications with judges and judges’ chambers. However, breaches of protocols are not uncommon. By GREG COUSTON and…
No compromise on advocate’s immunity
Advice leading to a settlement agreed between the parties is not generally protected by the immunity from suit. By MALCOLM CAMERON.
Subpoenae and claims for legal professional privilege
Where a client wishes to object to a subpoena that ‘catches’ allegedly privileged documents, it is important that the objections be made prior to the…
‘Put and call’ options: increasing risk for property transactions
When advising on or drafting an option deed/agreement, ensure that the need for such an arrangement has been adequately considered and there are no ambiguous…
Preparing expert reports: how far can solicitors go?
Solicitors can work with an expert to narrow the issues on which the opinion is provided so that the report is directly relevant to the…
Vulnerable parties and settlement approvals
Although courts have a protective role in such settlement approval applications, particular care must nonetheless be taken by those acting for vulnerable parties. By ALEXANDRA…
Solicitor’s liability to estate beneficiaries
Ensure your client has capacity; consider an informal will in appropriate cases. By PETER MORAN and TOBY BLYTH.
Client lunch comes back to bite
Keep client lunches focused on building relationships not taking instructions or providing advice. By MELISSA FENTON and CRAIG HOLLAND.
The risks of mixing legal and financial advice
Solicitors must be conscious of the difference between financial and legal advice and know when to advise a client of the need to obtain independent…
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…