Insurance and risk management services for the better practice of law

Further changes are being made to defamation laws in multiple Australian jurisdictions — including Victoria — especially with respect to online publications.

Practitioners should ensure they're across these 'Stage 2’ reforms to the Model Defamation Provisions, and be aware of the risks involved when acting in defamation matters.

This article identifies some of the key changes and associated risks for defamation practitioners.

Cultivating a risk management culture within a firm is an essential part of effective supervision. This responsibility extends beyond simply implementing policies and procedures—it involves fostering a culture of risk awareness throughout the entire team.

The requirement for a risk focus is even more critical when undertaking work remotely, where physical separation can lead to issues not getting the required attention.

One of the best defences against social engineering and email compromise is training and awareness for all employees at the firm. Regular training helps staff stay informed about the latest cyber fraud tactics, particularly as cybercriminals grow more sophisticated.

Our LPLC article discusses training requirements under the Victorian Legal Services Board's Minimum Cybersecurity Expectations and for those using electronic conveyancing platforms, as well as the benefits of cybersecurity training for all staff.

Firms that implement a Cybersecurity Incident Response Plan are better positioned to mitigate the effects of a cyber-attack and fulfill their responsibility to protect their clients, their practice, and their reputation.

This article covers what such a plan entails, why they're necessary, and some steps towards developing an effective one for your firm.

In historic institutional child abuse claims, we are continuing to see requests by some defendants for plaintiff’s solicitors to provide an independent solicitor certificate on settlement of the plaintiff’s claim.

The certificates typically contain statements to the effect that the solicitor acting for the plaintiff has explained to the plaintiff the purport and effect of the settlement deed, the plaintiff appeared to have understood that advice, and that the deed was signed voluntarily.

In this LPLC article we explain why providing certificates in these cases is risky, and recommend that practitioners decline any requests made to do them.

Law firms handle a vast amount of sensitive client information, making them prime targets for cyber-attacks.

An effective control in managing this risk is the deidentification or deletion of data once it is no longer required.

Our September LIJ article outlines what practitioners should do to maintain best practice when deleting and retaining electronic files, and provides some tips on proactive risk management.