Do I have a conflict?

15 September, 2017

LPLC regularly receives calls from practitioners seeking guidance about a potential conflict when acting for both the vendor and purchaser of real estate. LPLC also receives claims every year where a practitioner acted for more than one party. In a recent claim a practitioner was instructed to just prepare a section 32 statement as the […]

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Caveat practitioner

8 September, 2017

Every year LPLC receives claims involving caveats arising from matters in many different areas. The main message from caveat claims is that practitioners need to recognise when their clients have a caveatable interest and when a caveat should be lodged. Caveat claims in conveyancing matters sometimes arise where a caveat is lodged just prior to […]

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Are you in the good culture club?

1 September, 2017

Effective risk management largely depends on having a good risk management culture. Policies and procedures are useless if they are avoided by principals or staff who are not committed to risk management. In LPLC’s experience, firms with good risk management generally have a culture where: there is a strong, positive ‘tone from the top’ people […]

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Stay within your limits when using counsel

25 August, 2017

It is high risk for practitioners to act outside their area of expertise, even when assisted by counsel who is an expert in the relevant area. In one claim, a practitioner acted for a client in a property dispute with the client’s ex-girlfriend despite the practitioner’s lack of expertise in family law matters. The client […]

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Confirm agent’s instructions with your client

18 August, 2017

Recently LPLC has received numerous claims where there was ineffective communication between the practitioner and their client after the practitioner had dealt primarily with the client’s agent on the matter. In one claim, the practitioner acted for a lender on instructions from a broker regarding a loan. The practitioner was instructed to register an interest […]

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