Aug 1, 2018 –
The Society maintains the Legal
Practitioners Fidelity Fund (the
Fund) pursuant to section 57 of the Legal
Practitioners Act 1981 (SA) (the Act). Part 5 of the Act deals with claims made against the Fund.
A person (or their personal
representati
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May 30, 2012 –
The core functions of the Professional Standards Section of the Law Society are to advise education and regulate the legal profession with respect to ethical and conduct issues' perform inspections of law practices
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Jul 1, 2018 –
The most common strategy used to cope with the increasing demands and challenges in law is to simply work through them. Working 12 hours straught and working late is often seen as just the "way things have to be done". However, as human beings we are
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Dec 15, 2021 –
The Law Society of New South Wales' national demographic profile of the practising profession in 2018. The national profile comprises a demographic breakdown of solicitors represented by each of the eight state and territory Law Societies in Austral
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Oct 6, 2014 –
In Hall & Hall v Basbuild Pty Ltd [2013] SADC 132 his Honour Judge Beazley quoted some very interesting
remarks by Lord Bingham of Cornhill (then Lord Chief Justice of England)1
as to settlement agreements as
follows:
“The law loves compromise.
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Jul 15, 2015 –
Conditional costs agreements with uplift have been permitted in South Australia since 1993 but the position with respect to these agreements has been affected by the 2014 amendments to the Legal Practitioners Act.
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Aug 1, 2019 –
Even if you are “merely”
witnessing a document,
substantive duties to advise
may still arise. Be very
careful to ensure that you
do not breach such duties.
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Nov 16, 2014 –
A recent decision of the Full Court of the Supreme Court of South Australia has considered the meaning of
“material fact” in an application for extension of time in personal injury matters.
Section 36 of the Limitation of Actions Act 1936 (SA) (“th
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May 25, 2016 –
In my previous article in the March Bulletin, I commented on the circumstances in which a practitioner/firm needs to have a trust account. I noted that it could well be that a client makes a payment to you on account of legal fees, but in circumstanc
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Dec 15, 2021 –
Take some time early this year (before things get too hectic) to work on your Legal Practice, and not just in your Legal Practice, by running a Risk Management “health check”.
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Mar 15, 2017 –
Many lawyers issue recovery proceedings in the Magistrates Court against their clients in order to recover their fees. In many cases the client will defend the proceedings, often on the basis that they have been "overcharged", and usually also on the
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Dec 1, 2019 –
The UK Court of Appeal has just ruled
on another interesting case concerning
legal professional privilege. In Curless v Shell International Limited [2019] EWCA Civ 1710 Mr Curless had been employed as an inhouse lawyer at Shell since 1990.
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Oct 14, 2012 –
The tremendous pressures of legal practice can be overwhelming at times, and for a sole practitioner, who is
faced with many responsibilities, particularly non-legal ones, ‘client’ screening is fundamental. The ability to
decline and say “no” to a
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Dec 15, 2021 –
List of Legal Research Resources
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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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Dec 15, 2021 –
The Law Society of New South Wales' national demographic profile of the practising profession in 2020. The national profile comprises a demographic breakdown of solicitors represented by each of the eight state and territory Law Societies in Austral
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May 16, 2013 –
Sometimes a prosecutor may not have a defendant's complete criminal history and you may be aware that your client has prior convictions.
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Aug 6, 2017 –
When advising on unfamiliar areas of law practitioners should be careful to consider not only what they know they don't know, but also what they don't know they don't know!
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Dec 1, 2018 –
The commencement of an
IFP claim requires filing and
personal service within 6 months
from Probate. The manner
of service must be actively
monitored. A Summons in
support of an application for an
extension must be endorsed with
the request fo
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Jul 16, 2015 –
The certification of documents to be lodged with the Registrar-General
now requires the certifier to have “personal knowledge” of what is
certified. Great care therefore needs to be taken when providing such
certification, especially in light of t
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Mar 16, 2010 –
The issue of a client’s capacity can be an extremely complex one and practitioners need to assess whether their
clients have the requisite mental ability to make decisions about their legal affairs and provide instructions.
If a client has an impai
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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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Dec 15, 2021 –
The Society has recently launched a suite of documents to assist practitioners engaging in Family Law work.
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