|Speaker||Phil Farrelly, Michael Dolan, Daryl Williams QC, Dr Suzanne McNicol QC, Graydon Dowd, Kim Mackay, Michael Hines, Dr. Oren Bigos SC, Caryn van Proctor, Craig Macaulay, Kate Vanrenen and Catherine Gale|
|Date||10 Sep 2020|
Ethics & Professional Responsibility: 1.0
Practice Management & Business Skills: 2.0
Professional Skills: 3.0
Substantive Law: 4.0
10 Point Webcast Package (National)
Dealing with Cyber Security During a Pandemic
With the increase of cyber threats and data breaches, no one is immune from the risks associated with using online networks.
Law firms manage highly confidential and valuable data, which makes them a prime target for cyber criminals. As such, law firms and practitioners need to make every effort to understand the types of threats, how to mitigate the risks and how to act when there is a breach. Being prepared is one of the best defenses for practitioners and their firms.
This session will provide you with an essential guide and include:
- Understanding your obligations with managing client data;
- What constitutes a data breach and what are your responsibilities in preventing and reporting it;
- The added risks to data security due to workplace mobility;
- How to manage remote meetings, mediations, court appearances and arbitrations – the issues and risks involved in confidential conversations and exchanging confidential documents and data;
- Keeping up to date with potential risks that come with using new technology (eg. Zoom security concerns addressed earlier this year);
- Data retention and destruction – what are your obligations and risks;
- Electronic tampering and your professional liability;
- Maintaining email security as this is one of the easiest access points for hackers and cyber criminals;
- And more!
Presenter: Phil Farrelly, System Architect, Kala Computer Pty Ltd
Ethics – A New Dawn
With recent revelations and public scandals, the public may think that lawyers often fall short of their professional duties and ethical obligations. Behaviour in the workplace can expose lawyers to misconduct allegations and the Regulators are focussing a spotlight on misbehaviour.
In an era when both lawyers and clients are relying on new and emerging technologies to enable legal work to be done, legal competence requires an understanding of the ethical risks that come with use of that technology. What knowledge is required in order to be regarded as competent.
Mistakes that are happening now may be the basis of an ethical complaint in the future. With work, home and financial pressures mounting, it is more important than ever to evaluate the risks and take steps to avoid potential problems.
In this session hear from a leading ethics practitioner on these issues with particular focus on:
- The key risk behaviours in the workplace that can attract a misconduct complaint and what to avoid;
- Practical risks when using technology on ability to maintain client confidentiality and inadvertent loss of legal professional privilege;
- Breach of other ethical duties including cutting corners and turning a ‘blind eye’ due to stress, home and financial pressures;
Don’t miss this informative and valuable session.
Presenter: Michael Dolan, Special Counsel, Law Institute of Victoria
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.
Presented by: Daryl Williams QC, Barrister, Victorian Bar
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 QC, Barrister, Victorian Bar
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
Directors Duties, Legal Advice and COVID-19
The duties and responsibilities imposed on company directors and officers have never been more serious, in light of the COVID-19 crisis. The requirement for legal advisers to be across ongoing changes and current developments have never been more important.
The potential consequences from making the wrong decisions can be wide reaching and legal advisers need to be ready to give advice relating to a myriad of complex situations.
This seminar will examine recent developments, including to what extent directors should be aware of potential breaches of the law, whether there is a new standard to which directors will be held responsible for decision making and the risks and opportunities that the COVID-19 pandemic has presented to boards, directors and officers.
This is a seminar not to be missed!
Presented by: Kim Mackay, Partner, Holding Redlich
Tax Implications of Settlements
Reaching successful settlement can be soon followed by the awful realisation that tax implications for the client have not been factored into the agreement.
What are the taxation considerations and implications that should be considered by practitioners when formulating settlements?
This session will outline the essential issues to cover when advising clients in pre-settlement discussions and pre-judgment negotiations.
Presented by: Michael Hines, Barrister, Victorian Bar
Principles of Interpretation of Contracts
This session will discuss principles of interpretation of contracts in light of recent authorities. It will discuss which evidence is admissible, and which evidence is inadmissible, as an aid to construction.
Presented by: Dr. Oren Bigos SC, Barrister, Victorian Bar
Caryn van Proctor, Barrister, Victorian Bar
Document Retention, Destruction and your Client’s Legal Obligations
Your client must abide by various and sometimes competing legislative regimes which govern:
- How and when certain documents may be destroyed;
- Provide that some must be retained for longer (if not indefinitely);
- Others are to be de-identified if they are retained; and
- The transition from hard copy to e-copy documents.
Reconciling and / or applying these sometimes confusing laws can be a challenge and non-compliance can have serious consequences for your client.
This session will cover:
- Relevant legislation including Crimes Act, Evidence Act, Electronic Transactions Act, Privacy Act, Corporations Act and ITA Act; and
- Electronic documents and document retention policies
Presented by: Craig Macaulay, Data Scientist, Phi Finney McDonald
Kate Vanrenen, Lawyer, Phi Finney McDonald
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.
Presented by: Catherine Gale, Director, Resolve Conflict
What is included:
* This Webcast does not allow WA practitioners to claim CPD points