Risk Management 

The aim of the Risk Management activities of the Society is to reduce the incidence and magnitude of insurance claims against legal practitioners.

The Society offers a variety of Risk Management seminars which have been developed based on analysing claims data with a view to engage and inform practitioners. The program provides a solid foundation from which practitioners can better reflect on their own professional practice to reduce risk.

Together with the Ethics and Practice Unit of the Society, Risk Management staff assist practitioners seeking information and guidance in setting up a new practice, improving management of an existing one and on various specific matters.

Schedule of Limitation Dates


Law Claims has published a Schedule of Limitation periods relating to causes of action in South Australia. Please click here.

Annual Law Claims Cases and Legislation Update


2018 Riskwatch News is an article by Law Claims setting out the more significant judicial and legislative developments during the period 1 January 2018 to 31 December 2018 which may bear upon a South Australian legal practitioner’s potential liability or on damages awards generally.

Issues have been highlighted rather than explored in detail. The case law and legislation of South Australia together with the more significant case law in other Australian jurisdictions during the period have been reviewed by Law Claims.

Riskwatch


Riskwatch is an article prepared and published monthly in the Bulletin which highlight topical risk management issues that have emerged from recent claims and current claims trends, as identified by the PII Risk Manager from closed claim evaluations, or general discussions with the profession, as well as broadcasting changes to the law and highlighting the potential risks that may follow and which may give rise to future claims.

Riskwatch articles can also be found and searched for on the Resource Hub.

 Below are links to current Riskwatch articles:
 
February Risk Management 101
March Solicitors' duties when acting in a conveyance
April  Copyright in Legal Practice
May

Conflicts of Interest in Wills & Estate Matters

June Risk Management Resources Road Map
July

New Wills And Estates Risk Management Package 

August Solicitors' Duties in Witnessing Documents - yet another cautionary tale
September Details, details, details – they matter
October The song remains the same – another important case about solicitors’ file notes
November  New Family Law Risk Management Package
February  Have you settled? 'Yes' or 'No' might not be the answer
March  Notifiable Data Breaches and the Privacy Act - Is your Law Practice bound?
April  Is video-conferencing putting you at risk?
May   Witnessing or swearing documents must be taken seriously 
June  How to not file a document - lessons in what can go wrong
July  Do not rely on email instructions with respect to payment and account details
August  PEXA responds to cyber attacks 
September  Digital Licences can be used as VOI documentation, but proper precautions must be taken
October  Shifting Sands for Workers Compensation Lawyers
November  Critical cases that every wills & estates lawyer should know - part 1
December  Critical cases that every wills & estates lawyer should know - part 2
February  Are you absolutely sure you are paying the correct beneficiary the correct amount?
March  Conveyancing conundrum: Who should sign a form 1?
April  Legal practice and technology - A dinosaur's concerns
May  Is it worth suing for unpaid fees? 
June  Don't trust your husband with your home computer!
July  Advocates immunity revisited, revisted
August   Donald Rumsfeld was right
September  Risk management for counsel
February
Time waits for no man, except perhaps for Australia Post
March
Don't be late: The importance of serving proceedings by limitation dates
April
Always follow the proper instructions
May
Keeping a watch on fraudsters
June
Informal legal advice: just say No
July
Will your $440 will go to the High Court?
August
How far do you need to go in testing your client's instructions?
September  Who's your client?
October  A "Tick" is NOT a file note
November  Lessons for Practitioners involved in Wills & Estate matters
December  Managing your risk through the Limitation of Liability Scheme
February   You should never be too busy to make proper File Notes
March

 A "Brave New World": Don't get caught out: Assessments of Permanent Impairment for Work Related injuries
April

 Adherence to time limits is essential
May

 How far should you go in following your client's instructions?  - A Cautionary Tale
June

 Conveyancing & Caveats
July

 RPA Certification and "personal knowledge": What do YOU need to "know"?
August     Small Mistakes can be costly - the case of the missing comma and other "minor" errors
September     Important Warning: Will Drafting
October     Binding Financial Agreements - are they ever really "binding"? - should you even do them?
November     Wondering when to notify that claim?
February     Benefit of Hindsight
March     Family Law risks
April     Email Communication
May     A Contingency Plan for Risks
June     Its About Time
July     Superannuation Benefits and Consent Orders in the Family Court
August     Another Article on Fees and Billing
September     Claims on the Rise for Criminal Lawyers
October     The Law Loves Compromise...But..
November     Limitation of Actions - Application for extension of time in personal injury matters
December     Competent Professional Advice on the Consequences of Redemption
 February   The Importance of the File Note       
 March    Law Claims FAQs in respect to the Professional Indemnity Scheme &;
 April    What is Your Duty of Care to Intended Beneficiaries of a Will
 May    Effective Supervision and Delegation
 July    Law Risk on Financial Certificate
 August    How Fraud Savvy are You
 September     Cloud Computing Concerns for Lawyers
 October     Look Internally for Good Risk Management
 November    White Labelling
February   The non-engagement letter 
March    Costs of Professional Indemnity Insurance & Extent of Cover Provided
April     Practicalities of PPS Act
May     PPSA Bulletin No.3
June     Practitioner Pitfalls in The Area of Wills & Estates
July    Don't Trust Your Memory
August     A Practitioner's Plan for Time Off
September    Law Claims Tips for Young Lawyers
October    Client Screening
November    "Competent Professional Advice" Section 42 (2)(a) Workers'' Rehabilitation and Compensation Act 1986 (SA)
December     Competent Professional Advice Section 42(2)(a) 
 February   Introduction of a Mandatory Continuing Professional Development Scheme for Legal Practitioners in South Australia (GDS) 
 March   Communication of transactional risks to clients in commercial matters (GDS)
 April   Social Media Risks (GDS) 
 May   Know your Client (GDS) 
 June   The ABC's of Risk Mangement (GDS) 
 July   Top 3 paid out claims in the 2010-11 financial year (GDS) 
 August   No interpreter - does this translate into a risk? (GDS)
September   Do you need top-up insurance
October   Client Screening by Gianna Di Stefano
November    Issues for Law Claims in the area of property law by Gianna Di Stefano
February   Law Claims - Frequently Asked questions regarding your Professional Indemnity Insurance by Gianna Di Stefano 
March   Does your client have the Capacity to Instruct You? by Gianna Di Stefano  
April   Advice from Practitioners who have had a claim by Gianna Di Stefano 
May    Lawyers and Police Investigations by Scott Henchliffe, Barrister, Edmund Barton Chambers
June    De Facto Property Proceedings and Binding Financial Agreements by Jill Cooper, Consultant & Emma Dodson, Solicitor, Lynch Meyer 
July    Personal Costs Orders Against Solicitors are not covered by Gianna Di Stefano  
August    Setting aside statutory demands: No second chances by Steven Thomas, Howard Zelling Chambers 
September    File Closure - Removal from Storage & Destruction by Gianna Di Stefano 
October   What Evidence can establish that there was not departure from the standard of care expected of an expert Professional Advisor by Gianna Di Stefano 
November   Exploiting the Risk Management potential of client-free days by Ronwyn North 
December   Don't be "burnt" by a claim this summer:  Prepare a summer safety plan by Ronwyn North 
February   Don't Leave them on the shelf for another year! 
March   Risk Management for 2009 
April   Technology Intensive 
May   Case Study: Defending Your Own Documents: Can it lead to a Breach of Fiduciary Duty by Jennifer Brook, O'Loughlins Lawyers
June   Time Limits - sometimes not so simply by Jane Schammer 
July    Introduction to New Staff at Law Claims 
August    Amendments to the Weekly Payments Provisions of the Workers Rehabilitation & Compensation Act 1986 by John Fountain 
September    Risky Business:  Financial Certificate Claims and Professional Indemnity Insurance by Graham Edmonds-Wilson, Barrister, Howard Zelling Chambers 
October   Wills, Estates and Mistakes 
November   The Pitfalls of Acting for friends and relatives by Gianna Di Stefano
December    The Legal Profession and Depression by Gianna Stefano

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