Conveyancing claims on the rise

1 April, 2018

What risk management practices are you doing to avoid a conveyancing claim? In 2016/17 LPLC received 127 conveyancing claims and notifications which represented approximately 30 per cent of all claims and notifications received that year. The cost is currently estimated to be in excess of $10 million. This represents an increase in both the number […]

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Will it be right?

1 March, 2018

Mistakes in the preparation of wills can be avoided with careful proofreading. In the 2016-17 policy year, wills and estates claims accounted for 11.7 per cent of the total cost of claims and 8.4 per cent of the total number. In the previous 10-year period, these figures were 6.8 per cent and 3.2 per cent […]

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Deputy takes the helm

6 February, 2018

The Legal Practitioners’ Liability Committee welcomes its new CEO. Justin Toohey took over as CEO of the LPLC on 1 January following the retirement of Miranda Milne, who had held the role since 1996. Previously deputy CEO and head of claims since 2005, he is committed to strengthening LPLC’s relationships with all its stakeholders. “I […]

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Use counsel wisely

1 February, 2018

Think about your approach to accepting work and briefing counsel. LPLC receives claims that can be attributed to practitioners’ over-reliance on, or poor briefing of, a barrister. In some instances, the practitioner acts outside their area of expertise and thinks they can just brief a barrister. In others, they fail to adopt a proactive approach […]

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Why apologise

1 December, 2017

When preparing a response to a complaint consider whether an apology should form part of the response. If you make a mistake in a civilised society it is expected that you will apologise to the wronged person. This protocol often falls down when insurance is involved because many people equate an apology and an admission […]

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Minimise your risk

1 November, 2017

Risk is a part of every legal practice.  Practitioners should be aware of the common underlying causes of negligence claims against law firms, as well as the practice management steps that can reduce risk. Every job is an opportunity to earn fees, do fulfilling work and enhance your reputation, but every engagement carries risk. You […]

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Audits add value

1 October, 2017

File audits are an important tool for all legal practices. File reviews are an effective way of checking your firm’s susceptibility to claims as well as being good file management practice. No matter the size of the practice, monitoring files for compliance with the firm’s standards and for identifying risk areas that need attention are […]

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Video conferencing risks

1 September, 2017

There are risk management issues to consider when using video conferencing. Video conferencing is a prime example of changing technology affecting the way lawyers do business. Years ago it was only available for large companies and now everyone carries the capability in their pocket. The risks for lawyers of using video conferencing relates to identity […]

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PPSA claims and changes

1 August, 2017

What are you doing to avoid a Personal Property Securities Act claim? One of the first LPLC blogs was about the Personal Property Securities Act 2009 (Cth) (PPS Act) (November 2013) and the three little pigs. The message was that the three little pigs had three goes to get it right but practitioners had only […]

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Risk and GST

1 July, 2017

Have you correctly dealt with GST issues? LPLC regularly receives notifications where failing to correctly deal with GST issues gives rise to a claim. Most GST claims occur in relation to the sale of commercial or new residential land or the sale of businesses, but claims have also arisen involving the preparation of leases as […]

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