Since the introduction of licensed conveyancers in Victoria it is not uncommon for law firms to be referred clients from conveyancers, especially where there is a default or a practitioner’s certificate needs to be provided to a lender. Sometimes the referral is ad hoc and others times it is on a more formal basis with […]
The post Risk management and working with conveyancers appeared first on Legal Practitioners' Liability Committee.
When assessing potential conflict of interest situations practitioners need to think about their associates as well as their existing clients and fellow practitioners within their firm. This was highlighted in a recent claim involving a company owned by the wife of the practitioner. The practitioner acted for a company owned by a friend of the […]
The post Think about your associates when assessing conflicts appeared first on Legal Practitioners' Liability Committee.
When seeking advice about an entitlement to make a claim against an estate practitioners will usually explain to the client the process for bringing an application pursuant to Part IV of the Administration and Probate Act 1958 (Vic). Practitioners also need to consider any entitlement the client might have to the deceased’s superannuation fund and […]
The post Super claims and acting for beneficiaries appeared first on Legal Practitioners' Liability Committee.
The changes to powers of attorney in Victoria are nearly on us as the new Powers of Attorney Act 2014 (Vic) (Act) comes into effect on 1 September this year. The Act covers four powers. Non-enduring powers of attorney (previously called general powers of attorney). Enduring powers of attorney – personal (previously enduring guardianship power). […]
The post Power of attorney – new Act and forms appeared first on Legal Practitioners' Liability Committee.
Over the last five years LPLC has received six notifications of claims relating to the use of rebate clauses. In addition to exposing practitioners to a complaint, the use of rebates can also expose a practitioner to a claim. In one claim a practitioner acting for a purchaser failed to advise their client that if […]
The post Rebates and risk management appeared first on Legal Practitioners' Liability Committee.
Look before you leap is an old age adage that is well suited to the situation where a client informs their practitioner that they want to nominate. LPLC has seen a number of claims where a practitioner has failed to fully advise a client about the consequences of nominating. In one claim a practitioner was […]
The post Nomination woes – GST, foreign investment and stamp duty appeared first on Legal Practitioners' Liability Committee.
Family law claims arise when superannuation funds are mistakenly left out of the asset pool, have not been properly dealt with or the client does not understand what will happen to the fund. In one claim the practitioner acted for a husband in a family law property settlement. The asset pool was just over $1m […]
The post Family law and super claims appeared first on Legal Practitioners' Liability Committee.
Do you know how long client funds are held in your trust account? Do you seek instructions to invest client funds held in trust? Practitioners often receive funds to be held until distributed to the intended party when acting in family law matters, for a vendor selling land and when acting for the executor of […]
The post To invest or not to invest – a decision for the client appeared first on Legal Practitioners' Liability Committee.
Identifying who you are acting for and confirming their instructions is essential risk management. However it can be difficult when taking instructions from an intermediary who gives a plausible explanation for the lack of direct involvement in the matter by the actual client. In one claim, a practitioner was emailed by a man who lived […]
The post Identify your client and ensure they are instructing you appeared first on Legal Practitioners' Liability Committee.
With the proliferation of time limits in legislation LPLC see claims every year from across many areas of law where a limitation date has been missed. To assist practitioners avoid being caught out by a missed limitation date and to learn from claims that have occurred in recent years LPLC has produced a new practice […]
The post Keep an eye on limitation periods appeared first on Legal Practitioners' Liability Committee.
When advising on standard form contracts practitioners need to consider the enforceability of provisions and discuss the implications with their clients in light of recent proposed reforms by the Commonwealth Government. Proposed legislation has been introduced into federal parliament to extend unfair contract terms protections to small business. Currently only consumers are protected against the […]
The post Unfair contract terms protection to be extended to small business appeared first on Legal Practitioners' Liability Committee.
A recent decision of the Supreme Court of New South Wales in Abu-Mahmoud v Consolidated Lawyers Pty Ltd [2015] NSWSC 547 illustrates the need to be alert to the possibility of retainers arising in informal settings and the dangers of not keeping records of meetings and advice. The case involved a practitioner who was sued […]
The post Expensive meal when retainer and advice not documented appeared first on Legal Practitioners' Liability Committee.
Since the introduction of the ARNECC identity requirements for electronic conveyancing and s.87A of the Transfer of Land Act 1958 (Vic) (TLA) for mortgagees to identify mortgagors LPLC has received a number of enquiries from practitioners asking whether they need to identify every client. The answer is yes. There has always been an obligation imposed […]
The post Client identification policy protects you and your client appeared first on Legal Practitioners' Liability Committee.
Having clear, documented policies and procedures regarding scoping, cost estimating and billing can help firms avoid claims as well as improve the bottom line. They help firms to consistently provide a high level of client service and can play a role in identifying and addressing client dissatisfaction before it turns into a complaint or claim. […]
The post Managing costs can help avoid claims appeared first on Legal Practitioners' Liability Committee.
A claim received by LPLC highlights the need for practitioners to be proactive about identifying applicable time limits early and managing clients’ expectations when acting for plaintiffs. About seven years after a couple moved into their newly constructed house they noticed some cracking. Two years later further cracks appeared and the couple retained the practitioner. […]
The post Two important risk issues when acting for plaintiffs – experts’ reports and time limits appeared first on Legal Practitioners' Liability Committee.
When acting in conveyancing matters, practitioners should always determine at an early stage what searches and enquiries are necessary to ensure the client is aware of potential risks, particularly when the property is unusual in any way. In one claim, a practitioner acted for the purchaser of a property that included a main residence accessed […]
The post Determine necessary searches early appeared first on Legal Practitioners' Liability Committee.
Acting for a private lender can be risky and LPLC regularly receives claims from this area of practice. Two common mistakes made are failing to: advise a lender to obtain security for the loan and register a mortgage or charge following settlement of the loan. In a recent claim we saw a variation on the […]
The post Risks of acting for an unsecured private lender appeared first on Legal Practitioners' Liability Committee.
Claims from criminal law matters have comprised less than one per cent of LPLC’s total claims over the last 10 years. However, a high proportion of these claims stem from a practitioner failing to apply for an exclusion order under the Confiscation Act 1997 (Vic) (Act) within time. In one claim, a practitioner acted for […]
The post Beware of time limits in forfeiture matters appeared first on Legal Practitioners' Liability Committee.
With the end of year and holiday season fast approaching now is the time to put in place some risk management processes to help prevent a claim arising. Claims sometimes arise in this period because a matter is urgent and there is not enough time to check every detail. Claims may also arise because there […]
The post Oh Christmas claim! appeared first on Legal Practitioners' Liability Committee.
Practitioners who regularly act for trustees of self-managed superannuation funds (SMSFs) will agree that advising SMSFs requires a high level of knowledge and experience. In a number of recent cases substantial fines were imposed on trustees of an SMSF for breaches of the Superannuation Industry (Supervision) Act 1993 (Cwlth) (SIS Act). For an example see […]
The post Risk management and advising SMSFs appeared first on Legal Practitioners' Liability Committee.
