• January 2020

  • Thursday, 30 January 2020
    30 Jan 2020 9:00am - 30 Jan 2020 1:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

     

    Mediation – How to Prepare When Your Client Has Not 

    The challenges of preparing for and attending mediation can be overwhelming when:

    • Your client is unprepared;
    • Your opponent is unprepared;
    • Despite your best attempts there is no clear strategy; and
    • Your client still expects settlement.

    This seminar will address how you can overcome these challenges and achieve the best outcome.

    This session will also provide guidance on how you can take control of the process even in circumstances when no one seems to be prepared or cooperating.

    Update Your Standard Costs Agreement in 2020 

    With reference to recent cases and common errors this seminar will highlight the reasons why you need to update your standard costs agreement in 2020. 

    Costs Agreements are one of the most important documents used by legal practitioners, yet once drafted they are rarely reviewed except to update charge out rates. Failing to keep pace with legislative changes and case law developments can, however, result in outdated, unclear and/or inaccurate costs agreements, potentially leaving practitioners exposed and unable to recover outstanding legal fees.

    This session will consider how and why you should re-examine and consider updating and/or tailoring your costs agreement in light of recent and upcoming legislative changes, which impact significantly on the content and terminology used.

    It will also explore common errors in costs agreements, with reference to recent decisions, and provide tips on how to ensure that the costs agreement you issue is appropriate and will minimise the likelihood of problems arising.

    Presented by: Penny Van den Berg, Principal Lawyer, Mahlab Costing

    Agreeing to Agree – When Letter of Intent or Heads of Agreement Become Binding 

    Despite a common misconception that you can’t have an 'agreement to agree', in a number of significant decisions the courts have found that “in principle” or heads of agreement expressed to be “subject to contract” may sometimes be enforceable.

    This session will examine the circumstances where this can occur inadvertently, as well as appropriate mechanisms to minimise dispute where the parties do intend for their preliminary agreement to be binding.

    It will also consider the risks of negotiations surrounding the initial agreement being deemed misleading and deceptive conduct

    Ethics In The Spotlight 

    With the recent revelations and scandal surrounding ‘Lawyer X’, the public could be forgiven for thinking that legal practitioners often fall short of their professional duties and ethical obligations.

    However, as any lawyer knows, they are never out of the ‘Ethical Spotlight’ and in an age of rapid technological evolution, it is all too easy to be caught in its glare.

    In this session hear from a leading practitioner on:

    • Practical implications of technology on ability to maintain client confidentiality;
    • Practical guidance on how to reduce the risk of a complaint;
    • A discussion on where the boundary is between  a ‘working life’ and ‘private life’ in an age where the ‘office’ may be fluid and
    • The classic ethical dilemmas that keep practitioners awake at night.

    Don’t miss this informative and valuable session.

     

    4.0
    $450.00
  • February 2020

  • Friday, 28 February 2020
    28 Feb 2020 9:00am - 28 Feb 2020 2:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This intensive forms the Face to Face sessions of our 10 CPD Point Package on Friday, 28 February 2020. For more information on our 10 CPD Point Package - CLICK HERE TO BOOK

    Without Prejudice Communications and Legal Professional Privilege – Overused and Misunderstood?   

    Have you relied on naming a communication 'Without Prejudice' and then found out it’s not? Do you know the essential advice you should give your client to reduce risking Legal Professional Privilege? How is social media affecting these fundamental legal concepts? 

    This session will provide guidance on identifying when legal professional privilege applies and how it applies in practice and will cover:

    • The scope of legal professional privilege;
    • Applying the dominant purpose test;
    • Waiver of privilege;
    • Practical tips for maintaining privilege;
    • What communications are truly without privilege; and
    • What are the imposters.

    This session will also outline the risks faced in mismanaging these communications.

    Negotiating Settlements – The Risks of Ambiguity and the Cost of Resolving the Uncertainty 

    Recent cases highlight the risks and consequences when negotiating settlements without committing all relevant elements to writing, on the spot.

    The importance of clear written communication at the relevant moment in time is critical, and the cases demonstrate what can happen if the parties have differing views on how the matter has settled. They also illustrate in what circumstances the courts are willing to accept when agreements are enforceable, in the absence of a written Deed of Settlement.

    This session will provide guidance on strong drafting tips in settlement documents and verbal and written communication to ensure clarity, effectiveness and minimise risk of a settlement going astray.

    Presented by: Charlie Morshead, Barrister, Victorian Bar

    Engagement Habits - Due Diligence From The Get Go 

    What are the essential due diligence habits that can save you from wishing you had not accepted a particular client retainer? What are the warning signs and how do you ensure you identify problem matters before you are engaged to act? 

    Our experienced presenter, by reference to case studies, will outline how to ensure you don’t miss a red flag that can end up adversely affecting your practice including lost fees, time and peace of mind.

    E-Contracts And Signatures - Risks, Rewards And Consequences 

    With today’s technology, clients can have access to their legal practitioner and matter with just a touch of a keyboard or swipe on a phone. In many cases, clients no longer need to meet their lawyers as they can meet remotely from anywhere on the globe.

    In the absence of a face to face meeting, clients can also now electronically sign contracts and other documents, as well as be served with documents by email.

    But with the law often lagging technology, this can cause problems. This session will discuss the risks, consequences and rewards of E-Contracts and Signatures including:

    • When is an E-signature acceptable?
    • What if the laws do not provide for documents to be served by hard copy; and
    • What other risk management issues do firms face, including cyber risk?

    This session will also include a Case Update. A must for all practitioners in 2020.

    Ethics In The Spotlight 

    With the recent revelations and scandal surrounding ‘Lawyer X’, the public could be forgiven for thinking that legal practitioners often fall short of their professional duties and ethical obligations.

    However, as any lawyer knows, they are never out of the ‘Ethical Spotlight’ and in an age of rapid technological evolution, it is all too easy to be caught in its glare.

    In this session hear from a leading practitioner on:

    • Practical implications of technology on ability to maintain client confidentiality;
    • Practical guidance on how to reduce the risk of a complaint;
    • A discussion on where the boundary is between  a ‘working life’ and ‘private life’ in an age where the ‘office’ may be fluid and
    • The classic ethical dilemmas that keep practitioners awake at night.

    Don’t miss this informative and valuable session.

    5.0
    $550.00
  • Friday, 28 February 2020
    28 Feb 2020 9:00am - 28 Feb 2020 2:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Five Outstanding One Hour Face to Face Sessions on 28 February 2020 + Five Individual One Hour CPD Webcast Seminars to view at your convenience. What a Package!

    Available by Online Purchase Only

     

    FACE TO FACE CPD: 5 SESSIONS (5 CPD POINTS)
    Friday 28 February 2020 – 9:00am - 2:30pm (includes morning tea and light lunch) 

    Without Prejudice Communications and Legal Professional Privilege – Overused and Misunderstood?   

    Have you relied on naming a communication 'Without Prejudice' and then found out it’s not? Do you know the essential advice you should give your client to reduce risking Legal Professional Privilege? How is social media affecting these fundamental legal concepts? 

    This session will provide guidance on identifying when legal professional privilege applies and how it applies in practice and will cover:

    • The scope of legal professional privilege;
    • Applying the dominant purpose test;
    • Waiver of privilege;
    • Practical tips for maintaining privilege;
    • What communications are truly without privilege; and
    • What are the imposters.

    This session will also outline the risks faced in mismanaging these communications.

    Negotiating Settlements – The Risks of Ambiguity and the Cost of Resolving the Uncertainty 

    Recent cases highlight the risks and consequences when negotiating settlements without committing all relevant elements to writing, on the spot.

    The importance of clear written communication at the relevant moment in time is critical, and the cases demonstrate what can happen if the parties have differing views on how the matter has settled. They also illustrate in what circumstances the courts are willing to accept when agreements are enforceable, in the absence of a written Deed of Settlement.

    This session will provide guidance on strong drafting tips in settlement documents and verbal and written communication to ensure clarity, effectiveness and minimise risk of a settlement going

    astray.

    Presented by: Charlie Morshead, Barrister, Victorian Bar

    Engagement Habits - Due Diligence From The Get Go 

    What are the essential due diligence habits that can save you from wishing you had not accepted a particular client retainer? What are the warning signs and how do you ensure you identify problem matters before you are engaged to act? 

    Our experienced presenter, by reference to case studies, will outline how to ensure you don’t miss a red flag that can end up adversely affecting your practice including lost fees, time and peace of mind.

    E-Contracts And Signatures - Risks, Rewards And Consequences 

    With today’s technology, clients can have access to their legal practitioner and matter with just a touch of a keyboard or swipe on a phone. In many cases, clients no longer need to meet their lawyers as they can meet remotely from anywhere on the globe.

    In the absence of a face to face meeting, clients can also now electronically sign contracts and other documents, as well as be served with documents by email.

    But with the law often lagging technology, this can cause problems. This session will discuss the risks, consequences and rewards of E-Contracts and Signatures including:

    • When is an E-signature acceptable?
    • What if the laws do not provide for documents to be served by hard copy; and
    • What other risk management issues do firms face, including cyber risk?

    This session will also include a Case Update. A must for all practitioners in 2020.

    Ethics In The Spotlight 

    With the recent revelations and scandal surrounding ‘Lawyer X’, the public could be forgiven for thinking that legal practitioners often fall short of their professional duties and ethical obligations.

    However, as any lawyer knows, they are never out of the ‘Ethical Spotlight’ and in an age of rapid technological evolution, it is all too easy to be caught in its glare.

    In this session hear from a leading practitioner on:

    • Practical implications of technology on ability to maintain client confidentiality;
    • Practical guidance on how to reduce the risk of a complaint;
    • A discussion on where the boundary is between  a ‘working life’ and ‘private life’ in an age where the ‘office’ may be fluid and
    • The classic ethical dilemmas that keep practitioners awake at night.

    Don’t miss this informative and valuable session.

     

    ONLINE WEBCASTS: (5 CPD POINTS) 

    (THE BELOW WEBCASTS WILL BE MADE AVAILABLE FOR VIEWING FROM FRIDAY 28 FEBRUARY)

    Redacting Documents – Errors, Risks and Consequences 

    Redacting electronic documents can be a necessary part of litigation and commercial matters, and this session will highlight the serious consequences when redaction hasn’t been carried out correctly. Potential breaches of court orders, client confidentiality, waiver of privilege and commercially sensitive material, all have serious consequences for both clients and their lawyers.

    Knowing how to properly redact documents is an essential requirement of practice and this session will outline methods of ensuring proper redaction and minimising associated risks.

    Presented by: Dr Suzanne McNicol QCBarrister, Victorian Bar

    Costs Update 

    This seminar will provide you with an update on the key changes related to legal costs, provide guidance on their practical application and examine recent cost dispute cases involving practitioners, clients and third parties.

    Don’t miss this important session to ensure that you are not caught out!

    Presented by: Penelope RobertsonPrincipal / Costs Lawyer, Ethical Costing & Legal Services

    Negotiating And Drafting Settlement Agreements And Releases 

    Practitioners are often instructed to make or consider offers of settlement, enter into settlement negotiations and draw settlement agreements and / or enforce their terms. It is imperative that practitioners have excellent drafting skills in order to accurately record settlement and minimise client risk.

    This seminar will cover:

    •     “without prejudice” offers and negotiations;
    •     forms of settlement offers;
    •     drafting terms of settlement and releases; and
    •     key risk areas.

    Presented by: Graydon Dowd, Partner, Hall & Wilcox

    VCAT – Powers, Practice & Procedure 

    This session is a must for all those who practice in the Victorian Civil and Administrative Tribunal jurisdiction!

    Tribunals such as VCAT have no inherent jurisdiction. VCAT has original and review jurisdiction only. Our presenter will give an overview of VCAT’s jurisdiction, structure and limitations and outline in which circumstances VCAT is the most appropriate jurisdiction to initiate proceedings.

    Finally, the degree of formality involved in proceedings before VCAT varies considerably.

    This session is designed to build confidence when preparing documents to be submitted to and appearing before VCAT and will outline the mistakes you need to avoid.

    Presented by: Suzanne KirtonSenior Member, Victorian Civil and Administrative Tribunal

    Misleading and Deceptive Conduct Update - Hear from a Barrister And Former General Manager, Consumer Affairs! 

    Misleading and Deceptive Conduct, when established, can have serious implications, both monetary and reputational.  

    This seminar will address the leading principles relevant to proving a successful claim or in defence a claim brought against your client.

    The seminar will also address the most recent and significant decisions handed down by superior courts and their implications for your clients.

    Presented by: Luisa Alampi, Barrister, Victorian Bar and former General Manager, Legal Services Branch Consumer Affairs Victoria

    This intensive can also be booked as a 5 CPD Point Package (with no Webcasts provided) - CLICK HERE TO BOOK

    10.0
    $945.00