Post mortem risk management

1 May, 2018

Good risk management includes analysing mistakes and learning from them. IWhat has a post mortem examination to do with risk management? A doctor conducting a post mortem thoroughly examines the deceased to try to determine the cause and manner of death. The results are also useful for research and educational purposes. Consider doing a post […]

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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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Ticking the box

1 March, 2017

There are many benefits to developing and using checklists.  They provide a framework for good supervision, they quality assure work and they provide good staff development. Whether you are a transactional lawyer or a litigation lawyer, the current legal environment is more complex and fast paced than ever. Whether doing high level legal thinking or […]

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When tax needs to be raised

1 March, 2017

Do you help your clients make informed choices about tax issues? Every year the Legal Practitioners’ Liability Committee receives notice of claims where one of the issues was the alleged failure by a practitioner to raise tax issues with the client. Family law In one claim a practitioner acted for a husband in a matrimonial […]

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Misplaced trust

1 February, 2017

There are some important steps to take when handling trust money. The LPLC sees numerous claims against practitioners who are alleged to have distributed trust money to a party not entitled to receive it. For risk management purposes, two critical points in time are when a client instructs a practitioner to receive money on trust […]

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Not seeing the forest for the trees

1 December, 2016

Focusing on small details only can sometimes blind practitioners to the bigger picture. Not seeing the forest for the trees refers to someone who can’t see the whole situation clearly because they are looking too closely at the small details or are too closely involved. LPLC receives claims where practitioners become too bogged down in […]

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How thorough are you?

1 October, 2016

Properly advising a purchaser client at the start of a matter is good risk management. The new federal government CGT withholding regime, which started on 1 July 2016, is a timely reminder to keep up to date on legislative changes so thorough advice can be given to purchasers of real estate. You can find more information about the new CGT […]

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Solicitor’s certificate basics

1 July, 2016

Practitioners must be aware of key risk management measures when they advise security provider clients. Some practitioners are surprised that the LPLC continues to receive Amadio-type claims. These typically concern advice from a practitioner to a security provider which is subsequently disputed or an allegation from an unrepresented security provider that the practitioner owed them duties. A variation on that theme is […]

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Advising on contracts

1 April, 2016

Giving full and proper advice about contracts will help you avoid a claim. The LPLC regularly receives notification of claims where the main cause is giving no or poor advice on a contract. Occasionally the need to fully inform a client about the contract is overlooked, especially during busy periods such as the lead up […]

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Wills and super claims

1 November, 2015

Specialist knowledge is needed to advise on superannuation when preparing wills. Claims relating to superannuation arise when making a will as well as when dealing with the administration of the estate. Advising on superannuation issues requires a high level of legal knowledge and experience due to the complicated laws governing superannuation. The LPLC is drafting […]

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