Keep out of harm’s way

1 November, 2016

Practitioners should be aware of key risks when acting for plaintiffs in personal injury litigation. Reviewing the claims against personal injury practitioners, the LPLC found from 2005 to 2015 more than half of the cost of these claims were attributed to workplace injury matters. Most was due to missed time limits or missed causes of […]

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Failing to plan is planning to fail

3 May, 2016

Practitioners need to be proactive from the outset in litigation matters. Litigation matters can be protracted and unpredictable. Consequently, practitioners often approach these matters one step at a time and deal with issues when they become critical. To manage risk effectively, you need to be proactive from the outset. Time limits Always identify and diarise applicable limitation dates at the […]

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Managing dissatisfied litigants

1 August, 2010

Clients who are dissatisfied litigants can cause practitioners grief unless they are managed well. Practitioners know that unhappy clients are less likely to pay them and more likely to sue them. In the commercial litigation area in the past four years, the categories that accounted for 30.4 per cent by cost and 40.3 per cent by […]

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Defamation requires timely action

1 June, 2010

Defamation actions are subject to unusual extension of time provisions. Defamation issues tend to materialise as claims at the Legal Practitioners’ Liability Committee (LPLC) in two guises. Some claims arise when practitioners are alleged to have defamed another party in the course of conducting a file. The other context involves practitioners acting for clients who […]

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Sorry about that

21 July, 2009

An offer to make amends can dispatch a defamation claim.  Legal practitioners can stray into defamatory terrain with an injudicious choice of words or a communication made indiscreetly. Once that line has been crossed, it is important for practitioners to understand that an offer to make amends can provide a total defence to defamation proceedings […]

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Off the radar

1 May, 2009

Good case management is essential for avoiding liability for claims. One of the least exotic mistakes in litigation – the failure to comply with a court order or a litigation timetable – continues to give rise to costly and wholly avoidable claims against litigation lawyers. The valuable risk management lesson here is that these mistakes […]

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Tomorrow is too late

1 June, 2008

Litigation lawyers need to recognise when it is time to get off the record. Every year, Legal Practitioners’ Liability Committee (LPLC) receives negligence claims where delay on the part of a lawyer has led to a client suffering loss. While lawyers will not be surprised to hear that delay contributes to claims, some may be […]

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