May 14, 2014 –
There are many types of risks faced by law firms. Performing a self-audit of your firm's risk management
procedures and practices is an efficient way to determine your firm's professional risks.
Disaster can present in many forms and a contingency
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May 1, 2008 –
Depression affects more than 800,000 Australians each year, and 1 in 5 persons in their lifetime (that is 1 in 4
women and 1 in 6 men). It will touch everyone either directly or indirectly. Depression reduces a person’s ability to
function in all a
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Aug 14, 2012 –
The impact of burn out and stress on practitioners can be substantial. Time constraints and deadlines, the
expectations of expertise, the pressures to put in long hours coupled with the adversarial nature of law practice
can take their toll.
Holid
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Oct 16, 2012 –
In an Audit Report for the period ended June 2011, the auditor notes that a practitioner had failed to make a required deposit to the Combined Trust Account (CTA) for the CTA period ended May 2011 and that no Notice of Withholding was provided to the
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Jun 24, 2014 –
From 1 July, costs law will be found in Schedule 3 of the Legal Practitioners Act. The new rules apply if a client first instructs a law practice on or after 1 July.
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Oct 16, 2016 –
The importance of making file notes is an oft-repeated topic in the Bulletin, yet Law Claims still regularly encounters difficulties in defending practitioners because critical advice provided to clients is not able to be proved to have been given du
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Apr 17, 2015 –
Adherence to time limits - both in relation to commencing proceedings and once proceedings are issued - is one of the most important areas of practice and one where the Courts are interpreting time limits more strictly than before.
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Mar 14, 2019 –
General information about Advanced Care Directives
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Feb 21, 2019 –
Advance Care Directives Fillable form, for use by Law Society Members.
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Mar 1, 2008 –
It has been just over a decade since Lawguard, Law Claims and the Law Society issued warnings and
recommendations about giving certificates in financial transactions. These warnings came as a result of a run of Cases, that highlighted the practical
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Mar 16, 2016 –
Practitioners will recall that in May 2016, in Attwells v Jackson Lalic Lawyers Pty Ltd
[2016] HCA 16, the High Court affirmed the basic tenets of the doctrine of advocate’s
immunity (as explained in Giannerelli v Wraith [1998] HCA 52 and D’Orta Ek
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Apr 14, 2016 –
It is common for solicitors to be instructed by third parties – most often accountants –
to prepare documents and/or act in transactions (or even litigation) on behalf of
clients. Whilst there is obviously nothing wrong with such arrangements of
t
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Feb 15, 2019 –
This Guide is designed to provide an overview of the development of the AML/CTF regime in Australia. The first sections set out the history of the regime and describe some of the obligations and sanctions that apply to reporting entities covered by t
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Feb 1, 2017 –
Several recent claims received at Law Claims have again underlined the crucial importance of being cautious and diligent in your everyday work. These claims, both against (different)
practitioners administering deceased estates resulted from mistake
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Jun 25, 2016 –
The Ethics and Practice Unit has become aware of a growing and worrying trend in Australia whereby emails between lawyers and clients are being intercepted and criminals (or "fraudsters") are impersonating the clients and authorising payments from th
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Dec 1, 2017 –
With people living longer, the issue
relating to a client’s capacity to give
instructions to make a Will has become a
more prevalent problem. Legal practitioners are having to keep up with medical developments on cognitive disabilities to be comfo
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Feb 15, 2019 –
The Australian Solicitors’ Conduct Rules were adopted by the Council of the Law Society of South Australia on 25 July 2011 and were the culmination of work undertaken over a period of two years by the Law Council of Australia and its constituent bodi
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Oct 1, 2015 –
As practitioners would be well aware, the Family Law Act 1975 (Cth) (“the Act”) allows persons in, or contemplating a marriage or a defacto relationship to
enter into agreements providing for the distribution of their assets in the event of the brea
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Oct 30, 2018 –
Read the Bulletin online.
The Bulletin is the Law Society’s flagship journal, featuring information on the latest developments in the legal profession, informed analysis on key justice issues, previews and reviews of major events, and engaging pr
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Feb 15, 2019 –
Caseweek has been developed as the most accessible and cost effective way of keeping up to date with major decisions handed down in Commonwealth and State jurisdictions as they appear on the Internet. It contains comprehensive casenotes with hotlinks
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Jul 25, 2014 –
The provision contained in the Legal Practitioners (Miscellaneous) Amendment Act 1981 and the Legal Practitioners Regulations 2014 dame into force on 1 July 2014. Those provisions include new requirements for withdrawing money from trust on account o
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Sep 16, 2014 –
In the past, Law Claims’ experience was that there were fewer claims in the area of criminal law than other
areas of law. This is not so the case in recent times.
Law Claims is extremely concerned given a significant number of notifications / claim
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Jul 16, 2017 –
Practitioners should be aware of the amendments to Schedule 1 of the Legal Practitioners Act 1981 with regard to Incorporated Legal Practices (ILPs) practicing in partnership with other ILPs or legal practitioners or both.
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Nov 6, 2017 –
The legal practitioner accepts a brief to carry out the instructions of his/her client to put in place their
testamentary wishes. These instructions may involve not only putting in place a Will but may also involve
putting in place other arrangemen
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