Insurance and risk management services for the better practice of law

When a practitioner’s own conduct is likely to be examined, it is essential that the practitioner consider whether continuing to act is consistent with their professional and ethical obligations.

The recent decision of Re Giaimo (No 1) [2025] VSC 55 provides a useful reminder and important guidance on whether it is appropriate for a legal practice to act for a client in defence of its own work.

This article provides an overview of the case and draws out practical guidance for practitioners and firms.

Most practitioners, at some stage in their career, have files that sit in the too-hard basket. Often, files are sidelined because the practitioner is uncertain how to proceed, and this uncertainty leads to delay.

Avoidance can allow small issues to fester until they grow into significant problems, leading to complaints or claims. In our June LIJ article we provide some strategies to help practitioners ensure that even the most challenging files receive the attention they need.

Practitioners know that, subject to limited exceptions and strict criteria, duty (stamp duty) is charged on the transfer of real property.

Practitioners advising on or transferring shares in a private company or units in a unit trust should be alert to potential duty consequences.

This article provides an overview of landholder duty, when it applies, and explores the potential duty consequences to watch out for through a dive into the Oliver Hume case.

Research consistently shows that clients rarely retain all of the verbal information provided during a professional consultation, and if the client only takes in some of the advice, there is a risk of things going wrong for both the client and the practitioner.

Lawyers should get into the habit of confirming legal advice in writing following every client contact.

Our article highlights 5 circumstances in particular where follow-up advice letters are essential.

While lawyers are aware of the obvious financial costs of a claim, many fail to appreciate the hidden costs associated with them.

Our LIJ article for May discusses some of the hidden costs of sidelining risk management including the devotion of time to defending a claim, reputational damage and personal stress.

Practitioners acting in litigation matters should keep in mind that adjournments are not automatic and will only be granted for good reason.

There is a risk that if an adjournment application is unsuccessful, practitioners may face claims from their clients (if the matter is not ready to proceed to trial and it prejudices the outcome) or for the other parties’ costs of the application.

Our article covers when adjournments can be made, as well as some recent Supreme Court decisions where late adjournments of trial dates have been sought and refused by the Court.