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 2019.

Session 1: Legal Ethics: Complying with Instructions – Managing Client Expectation abd Ethics in Family Law Matters

Clients don’t always understand solicitors’ duties to courts and other practitioners. They are interested in their matter only. This session looks at ethical dilemmas arising in family law litigation when the client’s instructions reveal inflated expectation or makes compliance difficult, including:

• The nature of ‘lawful, proper and competent instructions’ in family law matters
• Obtaining competent instructions and problems of confidentiality
• Client capacity and the reasonableness of instructions
• When the client becomes unreasonable in an ongoing litigation
• When the duty to comply with client instructions intersect with duty to court?
• Clients making impossible demands – how should you respond?
• Complying with instructions and disclosure obligations in sensitive family law matters
• Disclosure obligations and managing the client who instructs non-disclosure
• How to say ‘no’ when clients instructs to use improperly obtained information
• Case study - Using information obtained from social media on client instruction

Session 2: Professional Skills: Impact of Substance Abuse in Parenting Matters

Once allegations of drug or alcohol abuse have been raised in family law proceedings, the court will take the allegations very seriously. As a family lawyer, what can you do to assist your client who has an ex-partner that is either still using drugs, or was a previous drug user? This session arms you with the skills you need to tackle the challenges of substance abuse in parenting matters. It covers:

• The importance of proper client communication – sensitivity, care and knowing what’s at stake
• Evidence gathering – what evidence is needed to show substance abuse is an issue?
  • urine screen analysis
  • hair analysis
  • subpoenaing third parties
• Seeking orders for drug testing
• How should this evidence be presented before the court?
• Engaging the right of expert in these matters
• Will positive drug tests result in the children being placed with the other parent?
• What is in the best interest of the child?
  • protecting a child from physical or psychological harm
  • providing for the emotional and intellectual needs of the child
  • avoiding family violence

Session 3: Practice Management Business Skills: Strategy and Procedure When Staring Down the Barrell of a Disciplinary Complaint

Family law comes with high emotions, and high stakes. As a result, even the most scrupulous lawyer may at some point face a complaint by a disgruntled client. With family lawyers some of the most complained-about practitioners in the legal profession, forewarned is forearmed. This risk management session explains what to do when a complaint is made about you to the regulator:

• Responding to the initial complaint – the right way and wrong way when dealing with the regulator
• Resolving matters quickly – best practice
• The penalties hearing – approaches to take
• When should you choose to give evidence?
• Findings of fact and credibility issues
• When will the commissioner accept an undertaking?
• Understanding the implications of providing undertakings
• When should you engage counsel?