Lawcovernotes December 2020

We Can Work It Out An employed solicitor, who is pregnant, is overlooked for a promotion. She complains to the law practice about discrimination – specifically that she has missed out on work opportunities and promotion due to her pregnancy. She threatens to bring a formal action under the Fair Work Act 2009. The law practice is unsure how to proceed. On advice from an independent employment lawyer, the law practice engages a workplace relations conciliator to investigate the complaints and facilitate discussions between the employed solicitor and the legal practice. The matter is resolved and no formal claim is made by the employed solicitor. LML insurance provides cover for mitigation costs incurred to rectify an act, or omission, which would otherwise result in a claim. A free 1 hour consultation from a member of the Lawcover Advisory Panel is also available on any matter notifiable under LML insurance.* Crisis Of Confidence A l aw prac t i ce employs a solicitor from a rival practice, who provides the rival practice’s client list and fees. The law practice takes steps to win those clients. The rival practice commences proceedings against the employee and joins the law practice, and its legal practitioner directors, to the proceedings. The rival practice alleges that the law practice and its directors were parties to the breach of confidence and acted on information obtained, and are thus liable for damages as knowing accessories. LML insurance covers third party claims against a director or officer or partner for wrongful acts while acting in that capacity (breach of duty, misleading statement etc.) Cover is available for defence costs.* 7. Eight Days A Week Two employed paralegals are told to work whatever hours it takes to complete a time- critical, discovery exercise. The paralegals each flagged that they needed to return home to their families but were told that, if they expected to be paid, they should not to go home until discovery was complete. The paralegals resigned and each lodged general protections claims involving dismissal. For firms with employees, LML insurance provides cover for employment practice breaches, such as unlawful termination, demotion, failure to promote or refusal to employ, as well as unlawful discrimination and breach of employment contracts. Cover is available for defence costs.* Somebody That I Used To Know A client attends the office of a legal practice for a mediation. The client’s former husband also attends with his solicitor. During the course of the day a dispute erupts, escalating to a physical fight between the client and her former spouse, including pushing and throwing each other’s possessions. The insured solicitor intervenes to protect his client but, by then, the client is distraught, her suit is ripped and her phone is smashed. Her former spouse has fallen and his laptop has been damaged. LML insurance provides cover for third party personal injury and property damage, as well as defence costs.* *All cover is subject to the full terms, conditions, exclusions and limits of LML insurance wording. For a copy of LML insurance Wording or to request a quote – visit Lawcover.com.au or call 1800 650 748.