• CPD Points: 1 [PM] [PS]
  • Price: $89.00
  • Area: Professional Negligence (medical); Risk Management and Liability; Workplace, Business and Career
  • Delivered: November 2023
Digital Content
  • Recording
  • Paper – None

To purchase login below

Description

Join Baron Alder, Partner, Moray & Agnew (NSW) who presents an overview on the latest cases against solicitors and will, in this context, give consideration to the importance of getting the initial retainer letter right.

The session includes discussion of:

  • Current and key cases including, as an example, the 'About Life' case which sets out the solicitor’s duties in conveyancing transactions and enquiries to be made of the client; and the 'Shoal Bay Beach Constructions' case on the obligation of a solicitor to advice clients on what they already know.
  • The importance of having a retainer: what should be in it and what should not be in it in the context of what the law imposes as duties on the solicitor and what the solicitor is retained to do.
  • The importance of establishing the scope of the retainer letter from the outset.
  • What is ordinarily within the scope of a solicitor's retainer.
  • The scope of the retainer in litigation and transactions, and the advocate's immunity in the context of a retainer in litigation matters.

Key takeaways

  • The solicitor's retainer letter should describe the work that the solicitor is retained to do and what the solicitor seeks to exclude from retainer.
  • Discharging the duties under the retainer requires the solicitor to understand the client and their business.
  • The solicitor is retained for their legal expertise – nothing more.
  • CPD Points: 1 [PM] [PS]
  • Price: $89.00
  • Area: Professional Negligence (medical); Risk Management and Liability; Workplace, Business and Career
  • Delivered: November 2023
Digital Content
  • Recording
  • Paper – None

To purchase login below

Description

Join Baron Alder, Partner, Moray & Agnew (NSW) who presents an overview on the latest cases against solicitors and will, in this context, give consideration to the importance of getting the initial retainer letter right.

The session includes discussion of:

  • Current and key cases including, as an example, the 'About Life' case which sets out the solicitor’s duties in conveyancing transactions and enquiries to be made of the client; and the 'Shoal Bay Beach Constructions' case on the obligation of a solicitor to advice clients on what they already know.
  • The importance of having a retainer: what should be in it and what should not be in it in the context of what the law imposes as duties on the solicitor and what the solicitor is retained to do.
  • The importance of establishing the scope of the retainer letter from the outset.
  • What is ordinarily within the scope of a solicitor's retainer.
  • The scope of the retainer in litigation and transactions, and the advocate's immunity in the context of a retainer in litigation matters.

Key takeaways

  • The solicitor's retainer letter should describe the work that the solicitor is retained to do and what the solicitor seeks to exclude from retainer.
  • Discharging the duties under the retainer requires the solicitor to understand the client and their business.
  • The solicitor is retained for their legal expertise – nothing more.

Baron Alder, Partner, Moray & Agnew Lawyers

About the Presenter:

Mr Baron Alder, Partner, Moray & Agnew Lawyers, has over twenty-five years’ experience in acting for professionals of all types in disciplinary and negligence proceedings. He is also recognised for his expertise in defamation. His professional indemnity experience includes acting for health professionals, construction professionals, auditors, lawyers, architects, mortgage brokers, engineers, insurance brokers and financial planners. Baron specialises in defending negligence claims against company directors and professionals. He advises insurers on coverage issues. He also acts in defamation claims and advises on media law. He acts for professionals in disciplinary proceedings. He has acted for professionals in general commercial disputes in all jurisdictions, class actions, disciplinary proceedings, Royal Commissions (including the Royal Commission into Institutional Responses to Child Sexual Abuse) and public inquiries. 

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About the Presenter:

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About the Presenter:

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About the Presenter: