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Claims

Your policy requires that you give LPLC immediate notice of any claim first made against you during the policy period, or any circumstance which might give rise to a claim of which you become aware during the policy period. We encourage early notification as this enables us to take action, or provide advice and guidance, so as to minimise any loss or damage that might occur.

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Are you a principal or practice manager in a firm who thinks you need multifactor authentication (MFA) because you know you are likely to be a target, and it is worth the minor hassle and your staff agree? Does your firm have a process to ensure bank account details provided in an email are confirmed before transferring funds without exception? Do you warn your clients to be alert to the potential for email compromise by fraudsters at their end? Do you check your email rules regularly to make sure you have made them and not fraudsters, who have infiltrated your email account?
When terminating a contract for the sale of land, the case of Willis v Crosland [2021] VSCA 320 makes it clear that practitioners for both parties need to understand the effect of express contractual provisions entitling a party to terminate the contract, and to read those provisions very carefully to ensure they have been complied with. Rescinding contracts of sale is fraught with risk and should only be done after careful consideration of the contract and surrounding facts. Practitioners acting on both sides need to understand the meaning of contractual clauses providing the right to rescind and consider how the courts will interpret them.
This brochure outlines what your clients should consider when they are planning to provide financial assistance to their child for the purpose of buying a home. Firms can use the sample brochure as it is, or use the word version to tailor the wording to suit their needs or create their own branded brochure.
Practising in personal injury law is high pressure with practitioners typically managing heavy caseloads and a multitude of critical dates. The various statutory time limits, particularly in the area of workplace injury compensation, are complex and often difficult to overcome if not complied with. Missing critical dates can have costly consequences for clients and result in professional negligence claims. Here are our top 6 steps to help you stay on top of them.
Developing new ways to provide legal services to accommodate the needs of clients is increasing in this current environment but it brings with it challenges as lawyers need to define whether they are acting as independent lawyer or inhouse counsel and how that affects their insurance cover.
Involving counsel is not a shield to a professional negligence claim. LPLC regularly sees cases where a solicitor has relied too heavily on the advice of counsel, especially when acting in unfamiliar areas of law, and has left themselves open for a professional negligence claim. This article from guest author Baron Alder, a partner at Moray & Agnew, discusses the expectations courts have for how solicitors rely on and treat advice from counsel. In particular solicitors must keep in mind that they have a responsibility to bring independent judgment to that advice and the matter in which they are retained.
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