It can take a brave person to speak up, especially when contradicting the view of a more senior practitioner but doing so is necessary for best practice risk management. Developing a culture within a firm where practitioners can raise concerns or challenge colleagues as to the accuracy of information is an important risk management tool […]
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During the recent LPLC regional tour a number of practitioners complained that it can take up to six weeks to obtain a full birth certificate from Births, Deaths and Marriages. In one case the practitioner needed the full birth certificate to comply with the safe harbor requirements of schedule 8 of the model participation rules […]
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Practitioners need to take reasonable steps to verify the identity of clients in order to avoid claims, as well as comply with common law obligations and Victoria’s electronic conveyancing Participation Rules. Firms should have clear policies dictating how these requirements are to be satisfied, even where the client is known to the firm. Policies on […]
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Many clients have never retained a lawyer before and do not know how to work effectively with them. This lack of understanding sometimes contributes to claims against law firms that could have been avoided or minimised if there had been better communication between the firm and the client about working together. To help practitioners manage their […]
The post LPLC information brochure to help firms communicate better with clients appeared first on Legal Practitioners' Liability Committee.
LPLC has seen an increase in the number of claims involving personal cost orders since the Civil Procedure Act 2010 (Vic) was introduced. However, a recent decision of the Victorian Supreme Court shows that practitioners who threaten to seek a personal cost order against another practitioner may themselves be in breach of the Act if the […]
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When acting for a testator, practitioners must always be satisfied the client has testamentary capacity. The following claim serves as a reminder of the steps practitioners need to take when preparing wills. Before taking instructions, the practitioner obtained medical advice to the effect that the terminally ill testator had testamentary capacity. He arranged to meet […]
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It is apparent from some claims that during the file the practitioner made a choice about which way to proceed without advising the client of the alternative options available. In a recent claim the practitioner acted for a vendor selling their home under pressure from their mortgagee. The property sold at auction but unfortunately the […]
The post Stop to consider your options appeared first on Legal Practitioners' Liability Committee.
Many law practices are fortunate to have staff who are experienced, knowledgeable and proactive about client service. Nevertheless, it is important to set clear boundaries about the work staff can perform and when to say no to clients. In one claim an existing client phoned the practitioner’s office for urgent assistance regarding an opportunity to […]
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Scoping is a key risk management measure when acting in any matter. The example below highlights how critical effective scoping can be to avoiding a claim, especially when other advisors such as accountants or valuers are involved in the matter. A practitioner shared premises with an accountant and although two separate businesses, they marketed themselves […]
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This policy year LPLC has received a number of claims arising out of practitioners missing time limits in workplace injury compensation matters and some of these claims have been from experienced practitioners. The practitioners have failed to comply with the time limits imposed by section134AB of the Accident Compensation Act 1985 (Vic) or section 335 […]
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Even practitioners who are experienced in a particular type of matter can miss a step, especially where the matter is complex, fast-moving or has a tight deadline. Using checklists can help reduce this risk. In one claim, a practitioner acted for the purchaser of a block of land for development as a large store to […]
The post A checklist can checkmate a potential claim appeared first on Legal Practitioners' Liability Committee.
Many practitioners are well prepared to advise on tax issues. Those who do not feel they are up to the task have a number of options. One option may be to refer the client to a practitioner who specialises in tax law or seek advice from counsel. Another option may be to ask the client […]
The post Practitioners still being caught out by tax issues appeared first on Legal Practitioners' Liability Committee.
Auditing files is good risk management, especially where practitioners work independently and run their own files. LPLC’s experience shows that practitioners can fall into bad habits and these bad habits are exacerbated when they are busy or under tight time pressures. Common mismanagement on files include not keeping adequate or any files notes, not sending […]
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LPLC claims data shows that communications errors and inadequate investigation are two of the biggest causes of property and conveyancing claims. Busy and high-volume practices often lead to situations where the practitioner is not taking the time to communicate with the client properly. Here is an example of a recent claim caused by a communication […]
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To survive in this digital environment law firms need to not only have reliable technology but to also constantly think about how technology is changing the way they do business and to have backup systems in place to safeguard themselves against computer or system crashes. Technology failures have left practitioners unable to access or retrieve […]
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The Powers of Attorney Act 2014 (Vic) brought in a new requirement that the statement of acceptance signed by attorneys must be witnessed. By signing the statement, the attorney agrees that they are eligible to act, understand their obligations and undertake to act in accordance with the Act. While this is not significantly different to […]
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LPLC regularly receives questions from practitioners about the release of deposits pursuant to section 27 of the Sale of Land Act 1962 (Vic). They are usually acting for the vendor and are frustrated that the purchaser has objected to the release or refused to sign the section 27 statement. Some objections are purely on the […]
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Sometimes claims arise where a practitioner acting for a purchaser makes a simple mistake. Poor communication is the underlying cause of some of these mistakes. One example of poor communication in conveyancing matters when acting for a purchaser client is failing to raise the possible tax consequences of purchasing and/or recommending they seek advice from […]
The post New checklist for conveyancers appeared first on Legal Practitioners' Liability Committee.
You should always be aware of the risks when a matter moves into unfamiliar territory beyond your expertise. This often happens where the matter starts within a practitioner’s normal area of practice but subsequently takes a turn into another area. Sometimes the practitioner thinks ‘it can’t be that different’ from the area familiar to them. […]
The post Know the boundary between expertise and dabbling appeared first on Legal Practitioners' Liability Committee.
The Federal Court’s decision in Devon v Madgwicks (A Firm) [2016] FCA 875 highlights the need for practitioners to follow up clients who do not provide instructions when requested and to document those requests. This is especially important when the matter is urgent. The case involved a client’s claim against a law firm arising out […]
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