risk-management.php

This file note is designed to be used by practitioners when they are advising third party guarantors and providing a solicitor’s certificate of their advice.

Practitioners should review the file note template with the guarantee and/or mortgage documents before meeting with the client and make any necessary additions or changes to the typed file note section.

The file note should be printed, taken to the meeting with the client and used to ensure all issues are discussed with the client. It also provides a reminder to ensure that appropriate notes are made of the client’s comments and questions. A copy of the file note can be given or sent to the client after the meeting.

The file note is available in a Microsoft Word version so firms can tailor the wording to suit their needs and insert their own branding. Firms are also welcome to use the sample pdf version if they so wish.

We welcome your feedback on the file note.


File note – meeting to advise about a guarantee  (PDF Version) | File note – meeting to advise about a guarantee (Word Version)


 

18 December 2018

In Check Issue 81 | December 2018

Table of contentsHoliday season remindersLand tax and duty claimsPlanning for the worst – new LSB+C policyCommon GST questionWhat’s new on LPLC’s websiteOffice closure over New YearChanging your email address? Holiday season reminders The lead up to Christmas with the extra commitments and pressure is a high-risk time for mistakes and oversights. Be diligent and maintain […]

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3 December 2018

A good precedent

Using precedent documents effectively is essential risk management Most practitioners understand the value of having good precedents and it is an important investment for any firm irrespective of its areas of practice. However, precedents are not just a set and forget tool. If not used and maintained properly, precedents can increase your risk. Previous matter documents are not precedents Sometimes […]

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1 November 2018

Be secure when advising lenders

Making assumptions about your retainer with longstanding lender clients is risky In 2017/18, mortgage matters accounted for 19 per cent of LPLC’s total claims cost. Most of that cost was attributable to practitioners failing to ensure the lender client had adequate security. These mistakes are sometimes made by practitioners acting for private lenders who they […]

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1 October 2018

What can go wrong?

Every firm needs to develop risk management strategies As part of managing a practice, you need to invest time in identifying what can go wrong in your matters and devise appropriate risk management strategies. You should not assume knowing the law in your areas of practice and being diligent in your work is enough to […]

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1 October 2018

In Check Issue 80 | September 2018

Table of contentsConveyancing claims in 2017-18New conveyancing initiativesElectronic conveyancing deadline – 1 October 2018Sunset provisions in residential off the plan contractsGST Withholding provisionsSmall business definition now $450,000Risk management seminarsWhat’s new on LPLC’s websiteChanging your email address? Conveyancing claims in 2017-18 Conveyancing claims accounted for over 30 per cent of the cost of claims in the […]

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19 October 2016

Cyber security cautionary tale

Table of contentsIntroductionThe realistic emailHijacking his emailLessons Introduction Cyber security needs to be at the forefront of everyone’s mind, whether you are in a small firm or a large firm. The recent experience of a Victorian law firm is a good example of how easy it is to be caught out. The realistic email A […]

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23 May 2007

E-mail guidelines

Removed due to content no longer being relevant.

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12 December 2018

Requests for information about validity of will

Have you been asked to provide a statement as to the circumstances surrounding the preparation and execution of a will and to also provide copies of the will file? Did the request refer to Larke v Nugus? Larke v Nugus is an English case concerning resistance to a grant of probate of a will on […]

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30 November 2018

Retainer going nowhere? Don’t let it drift!

What steps should you take to ensure your potential new client provides complete instructions? What if the proposed work is complicated by the involvement of an intermediary purporting to have the client’s authority, such as a spouse, child, relative, friend or another advisor? It is risky to just let the matter drift without proactively managing […]

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16 November 2018

When seven years isn’t long enough

How long should you keep your file after a matter has concluded? Some practitioners routinely destroy files seven years after closure with client authorisation. In some instances experience tells us you should keep files for longer, especially where a cause of action can accrue more than six years after the retainer has ended. Retaining files […]

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26 October 2018

Fraudsters: don’t let them in!

If a complete stranger appeared at your door and invited themselves into your home, would you let them in? Probably not. Then why do so many people open the door to cyber-criminals on their computers? A common misconception is that most cyber-crimes involve hacking: the use of computer technologies to gain access to computers and […]

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19 October 2018

Be sure before disbursing trust money

When acting as stakeholder, you need to check that any conditions for disbursing the money have been strictly met and keep appropriate documentary evidence. In one claim, a practitioner acted for a company that was to be nominated by an affiliate as the purchaser of a property for development. The client needed to raise capital […]

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27 January 2018

Risk management audit checklist

Don’t wait for the worst to happen – use this audit checklist to determine and monitor whether your practice is at risk of a negligence claim. Introduction This audit checklist is a risk management tool for legal practitioners to determine and monitor whether their practice is at risk of a negligence claim arising from poor […]

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18 December 2017

Key Risk Checklist: Electronic property transactions – office management

Electronic property transactions – office management checklist Office policy content Below is a list of issues to consider when writing your office policy and recommended responses. ☐  Who will hold a digital signature? The digital signature is embedded in a USB. Preferably only partners have digital signatures. ☐  How a digital signature’s USB and pin […]

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20 November 2017

Key Risk Checklist: File transfer from another firm

  Client intake Comment or detail Complete the client intake checklist to establish if you should act for this client in this matter at this time (click here). Immediate file review  Comment or detail Conduct an immediate file review to determine: critical dates and relevant time limits outstanding issues next steps. Internal procedure  Comment or […]

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15 June 2017

Key Risk Checklist: File transfer to another practitioner within the firm

    File transferred to another practitioner within the firm Yes No Comment or detail Has the client requested the change of practitioner? □ □ Has the practitioner receiving the file confirmed they have the knowledge and capacity to do the work? □ □ Has the transferring practitioner completed a detailed memorandum that: details the […]

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15 June 2017

Key Risk Checklist: File closing

  Work completed Yes No Comment or detail Have we written to the client confirming: all required work has been completed? □ □ any outstanding issues that are the client’s responsibility? □ □ any critical dates and consequences? □ □ future actions (such as exercise of an option) that is the client’s responsibility? □ □ […]

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11 May 2017

Know your limits

Table of contentsIntroductionLessons from the claimsTime limits most commonly missedClaims examples Introduction With the proliferation of time limits in legislation today missing limitation dates is a mistake that occurs in many areas of the law. The reasons for missing time limits are varied as are the potential repercussions. Sometimes it is a lack of knowledge […]

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7 September 2018

Risk video bite – defective section 32 statements

Presenter: Phillip Nolan, LPLC Risk Manager

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6 July 2018

Risk video bite – Conflicts

Presenter: Matthew Rose, Risk Manager, LPLC

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1 June 2018

Risk video bite – Personal cost orders

Presenter: Matthew Rose, Risk Manager, LPLC

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4 May 2018

Risk video bite – Family law financial agreements

Presenter: Alex Macmillan, Claims Manager, LPLC

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6 April 2018

Risk video bite – Drafting

Presenter: Matthew Rose, Risk Manager, LPLC

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15 August 2018

Vendor/supplier GST withholding notice

There is no prescribed form for section 14-255 supplier GST withholding notice. Below is a suggested form of notice practitioners are welcome to use or adapt.Page two of the notice contains some notes for its use.   Vendor_supplier GST withholding notice(PDF Version) | Vendor_supplier GST withholding notice(Word Version)    

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21 December 2017

File note – meeting to advise about a guarantee

This file note is designed to be used by practitioners when they are advising third party guarantors and providing a solicitor’s certificate of their advice. Practitioners should review the file note template with the guarantee and/or mortgage documents before meeting with the client and make any necessary additions or changes to the typed file note […]

More
20 July 2017

Working together – roles and obligations

What we will do when we act for you Be courteous and polite at all times. Act in your best interests only. Keep your information confidential unless you give us permission to disclose it or we are required by law to disclose it. To enables us to handle your matter as quickly and economically as […]

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