Key Risk Checklist: Tips for effective supervision

7 June, 2016

Tips for effective supervision   1. Treat supervision as the real and important work it is There are innumerable business and personal benefits of correctly supervising employees so give supervision the time and priority it deserves. This may mean doing less direct legal work yourself. 2. Document office systems and processes Having policies, processes and […]

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Key Risk Checklist: Witnessing an Enduring Power of Attorney

23 September, 2015

Witnessing an Enduring Power of Attorney Date:                        | Time commenced:                        | Time finished:                        | Location:                         In attendance Principal:                                                | Solicitor:                                                | Other witness:                         ☐  Photo identification of principal. – Specify form of identification produced eg driver’ s licence, passport ☐  Principal over 18 years of age. ☐  Principal has read pages 3-18 of the of the booklet entitled Take Control – a kit […]

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Key Risk Checklist: Policies for law firms

2 December, 2014

This document contains a list of policies (and some procedures) firms have told us they use. Not all firms have all of these policies. In some instances several of these policies could be amalgamated into one. For some of the policies we have commented on the risk management issues that should be considered when drafting […]

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Key Risk Checklist: Risk management strategies for litigation

30 September, 2014

Risk management strategies for litigation ☐  Before accepting instructions in a matter carefully consider whether you can act: for this client in this matter at this time – and do so bearing in mind the duties you will have to that client and the court ☐  Communicate with the client at the very beginning about: who […]

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Key Risk Checklist: Property websites and comments

9 September, 2014

Property websites and comments Property reports http://services.land.vic.gov.au/landchannel/jsp/reports/ReportsIntro.jsp Comment – planning report and bushfire prone report. Note s. 32C(b) of the Sale of Land Act 1962 (SOLA) which requires a vendor to state when land is in a bushfire prone area. Plan of land http://maps.land.vic.gov.au/lassi/LassiUI.jsp Comment – this plan is useful to identify a property by […]

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Key Risk Checklist: Small business – when acting for the purchaser

23 July, 2014

When acting for the purchaser ☐  When asked to advise just on the contract documentation before the purchaser signs the contract, recommend that all relevant searches be done before the contract is signed. ☐  Check that your client has a Section 52 Statement and has had the figures reviewed by an accountant. ☐  Advise your […]

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Key Risk Checklist: Small business – when acting for the vendor

23 July, 2014

When acting for the vendor ☐  Advise your client that the failure to give the purchaser a Section 52 Statement may allow the purchaser to avoid the contract. Confirm this advice in writing (see Appendix 2 of LPLC’s Small Business – Big Risks practice risk guide for suggested letter). ☐  Explain that the business operating […]

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Key Risk Checklist: Administration mistakes

17 July, 2014

Delay in finalising estates ☐  Set out at the start of the retainer how you will communicate with the executors, how often that will be, whether you will communicate with the beneficiaries or whether you expect the executors to do that. ☐ Give practice risk guides to executors and beneficiaries explaining what is required to […]

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Key Risk Checklist: Family provision claims

17 July, 2014

Acting for claimants – out of time TFM ☐  Be familiar with the provisions of Part IV of the Administration and Probate Act 1958 (Vic) (Act). ☐  When taking initial instructions from a potential Part IV claimant ensure you clearly discuss with the client: the eligibility requirements for a family provision claim at section 90 […]

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Key Risk Checklist: Testamentary capacity

14 July, 2014

Testamentary capacity ☐  Take comprehensive instructions from the will maker in person, on their own. ☐  Be ever mindful of the issue of capacity and satisfy yourself that the will maker meets the various elements of the test, that is, the will maker must[1]: Be aware of and appreciate the significance of the act which […]

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