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Posts by lawcover administrator

Mental Fitness and Legal Practice

In this episode we delve into neuroscience and how it can help us manage our workloads, reduce risk and how maintaining mental fitness can prepare you for life’s biggest challenges.

Hosted by Julian Morrow, co-founder of the Chaser, Giant Dwarf and host of ABC National Radio’s Sunday Extra who chats with Rachel Clements, co-founder and Director of Psychological Services at the Centre for Corporate Health and Resilia about creating a healthy relationship with stress.

Show Notes:

Resources

Law Society of NSW Solicitor Outreach Service (SOS)
LIFELINE

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Trends in family law – risks beyond the horizon

Renee Stevens, Legal Risk Manager at Lawcover and Kristy Nunn, Director of Mullane & Lindsay, discuss recent cases and claims highlighting some key risk areas of family law practice, and explore how to manage these risks effectively.

Show Notes:

Binding Financial Agreements

Family Law Act 1975 (Cth) sections 90G and 90K

Rogic v Samaan [2018] NSWSC 1464

Spouse maintenance

Family Law Act 1975 (Cth) sections 90F and 90UI

Millington & Millington [2007] FamCA 687 (29 June 2007)

Fosse & Salvage [2019] FamCA 385 (14 June 2019)

Spouse maintenance orders

Bodilly & Hand [2019] FamCA 210 (9 April 2019)

Blevins and Blevins [2019] FCCA 1923 (11 July 2019)

Child support and child support agreements

Child Support (Assessment) Act 1989 (Cth) sections 80C(2), 83 and 106A(5)(a)

Child Support (Assessment) Act 1989 (Cth) Part 4

Superannuation splitting orders

Superannuation Industry (Supervision) Regulations 1994 (Cth) Part 7A

Family Law (Superannuation) Regulations 2001 (Cth) Regulation 72

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Sexual Harassment in Law Practices

In this episode, Elissa Baxter, General Counsel at Lawcover and Michaela Moloney, Partner at K&L Gates, discuss sexual harassment in law practices.

Show notes:

Need cover for employment related claims? Consider Lawcover’s NEW Lawyers Management Liability insurance. Click here for more information.

Other Resources mentioned:

Respect@work report 2020, Australian Human Rights Commission

Richardson v Oracle [2014] FCAFC 82

Vergara v Ewin [2014] FCAFC 100

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Employment Risks in the Aftermath of Claims

The aftermath of a claim is a prime opportunity to explore changes to a law practice, particularly issues around employees whose conduct might have contributed to the claim.

Show Notes:

In this episode, guests Alex Haslam and Sarah Wood discuss systems around good employee supervision and the creation of ethical law firm cultures. They also discuss ways to approach disciplining or dismissing employees whose conduct is not meeting the firm’s expectations, and the employment law risks which arise from disciplinary action.

Cases discussed Legal Services Commissioner v Ibidapo Olayemi [2019] VCAT 1283

For law practices wanting insurance for employment related claims, information about Lawcover’s Lawyers Management Liability Policy can be found here:

Lawyers Management Liability

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Your Practice − Four Essential Questions

We discuss the importance of having a risk management strategy for your legal practice. This includes the four essential questions that every legal practice owner should ask in order to reduce general risks and in particular, the risk of claims.

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Remote Working – Employment Issues

When running a legal practice what are your obligations as an employer when it comes to working remotely?
We discuss the risks, what is reasonably practicable and how you can minimise the risk to yourself, the legal practice and your employees to ensure a safe and effective work environment for everyone.
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Remote Working – Mitigating Risk

As the COVID-19 pandemic progresses, we look at the unique challenges that solicitors and law practices face as they transition to a remote working environment and evolving work arrangements. What are the potential risk implications for your practice? We discuss how systems, processes, clients and employees are impacted and how you can best minimise the risk of a professional negligence claim during these times of uncertainty.

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Family Provision

In family provision litigation there are points where your exposure to risk increases. Knowing where these danger points lie can make all the difference.
We examine the stages of family provision litigation and the points at which a solicitor is most exposed to risk. We examine how and why each risk point arises and what you can do to manage it.
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Cyber Risk – The Facts

What cyber risks are relevant to your legal practice and what can you do about it?
We discuss recent cyber claims, why and how solicitors have become targets and what can be done to secure your legal practice against cyber-attack.

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Practice Financials – The Power of the Dollar

For a legal practice to thrive, good financial management is key.
We examine the link between poor financial management and professional negligence claims, and what can be done to minimise the likelihood of problems occurring while working towards a more profitable and successful law practice.

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Practice Management Issues

Lawcover shares lessons from 10 years of law firm visits and examines the recurring risk issues and key aspects of legal practice management that commonly give rise to claims, how you can better understand your practice systems and what you can do to improve operations and minimise risk.

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The Cost of Defamation

Sometimes it’s the simplest of actions that can expose a solicitor to a defamation claim.

We discuss recent claims in the area and examine why solicitors are at risk, how they can become exposed to claims and what precautions they can take to control the risk within their practice.

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Changes in Conveyancing

Conveyancing is one of the largest areas of legal practice and it is changing.We discuss these changes along with cases, current issues and recent developments in conveyancing and how this relates to risk in everyday legal practice.

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Getting the Message Across

Are you confident that misunderstandings or false assumptions could not arise between yourself and your client?

We discuss recent cases which highlight the importance of clear client communication, how and why these situations occur and what can be done to manage the risk in your legal practice.

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Testamentary Capacity

Are you unsure if your client has capacity to make a will? What should you do?

We examine key cases surrounding testamentary capacity and practical measures that solicitors can take to ensure the risk is minimised and that the client’s will has the best chance of being upheld in a capacity challenge.

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Mental Health

Lawyers are faced with unique, rewarding and sometimes confronting circumstances in every day legal practice. Our “Mental Health” podcast considers these challenges and the impact they can have on individual health and how to recognise warning signs, reducing risk to lawyers, their staff and their practice.

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