Recorded Webinar: 3 CPD Compulsory Topics for Family Lawyers

This webinar comprises 3 one-hour sessions covering each of the compulsory CPD subjects for family lawyers for the CPD year ending 31 March 2020. This is a national webinar and is suitable for family lawyers Australia wide.

Session 1: Ethics: Managing Difficult Clients in Family Law: The Ethical Challenges

Clients want their matter dealt with efficiently, expeditiously and in a cost effective manner. This session looks at what to do when this takes an unethical turn with an improper or unreasonable client request, including:

• Duty of practitioner to comply with instructions – practical constraint

• Establishing your ethical credentials early in the solicitor / client relationship

• Identifying the ethical problem in client instructions – dealing with it early

• Communicating the ethical option – reeducating the client

• When the client instructs you not to disclose in a property matter and how to respond

• Balancing duty of care to court with duty to client – the duty not to mislead the court

• Learning how to say ‘no’ with emphasis but not bounce

• Ditching the client – ethics in severing contact

• Case study – Unreasonable client demands in parenting matters and family relocation

Session 2: Professional Skills: Resolving Family Law Matters by Mediation or Arbitration

Heightened emotional stresses in family law disputes place extra pressure on practitioners to get it right. The session looks at the key skill sets required in use of alternative dispute resolution in family law matters, including:

• Why you should use alternative dispute resolution in family law matters

• Growing importance of arbitration in family law matters

• Preparing the client for mediation/arbitration

• Dealing with mediator/arbitrator – essential dos and don’ts

• Negotiating settlement – finding common ground where none previously existed

• Preparing consent orders and final advice as to clients

• Addressing risk factors in mediations/arbitrations

• Understanding no right of appeal in arbitrations accept on questions of law

Session 3: Practice Management Business Skills: Taking Instructions from a New Client in Family Law Matters- Cost Agreements, Conflict-Checking and Cementing New Relationships

Taking instructions from a new client sounds like a simple thing but far too often legal practitioners miss getting the crucial information. This session gives you an insight into best practice in conducting client interviews and covers:

• Conflict checking

• Recognising problematic areas:

  • instructions for wills

  • instructions from parents for financial agreements involving their children

• Cost disclosure – when is it necessary? Can you charge for the initial meeting without disclosing costs?

• Identifying imminent deadlines

• Client questionnaires – are they a good idea?

• Verifying the client’s identity

• Confirming confidentiality and your file retention policy

• What are the next steps? Clear communication!

• Client instruction checklist

• Getting new clients to “stick” – how to ensure new clients stay