Recorded Webinar: Family Law - 3 CPD Compulsory Topics

This webinar comprises 3 one-hour sessions covering each of the compulsory CPD subjects for family lawyers for the CPD year ending 31 March 2022.

Session 1: Legal Ethics

Practical Ethics Risk Management in Family Law Matters

The frequency of ethical risk in family law matters requires a proactive preventative response. It is too late to pick up the pieces later. This session provides a practical guide in management of key ethics risk in family law practice, including:

• Understanding the primary duty to client in family law matters
• Risk of former or opposing client confidentiality will be compromised
• Theoretical risk of misuse test from McMillan v McMillan – how and when to apply
• The less stringent ‘no real risk’ test – is this the preferred test on conflict and confidentiality?
• The importance of clearly identifying specific confidential information at risk
• Other conflict issues arising in family law matters:

• relatives and associates as clients
• competing financial interests
• lawyers as witnesses
• acting against former client
• acting for more than one client

• Acting for parent where allegations parent has abused the children – what to do?
• Duty to disclose illegal conduct if made aware when acting for client
• Is there an ethics issue in determining need for arbitration?
• Case update

Session 2: Practice Management Business Skills

Marketing Your Family Law Practice

In an environment where potential clients are often feeling shock, upheaval and financial pain, what strategies can family lawyers in this space employ to seek, service and satisfy clients? In this practical session, learn about the key strategies you can implement to enable your family practice to thrive. It includes:

• Marketing the family law practice – limits and possibilities
• Building your online profile
• Creating sticky client relationships in family law
• Customizing client onboarding – what are the options?
• Keeping track of how clients find you and who is referring them\Developing an effective networking capability – knowing who to connect with
• Pippa Colman’s top ten tips for marketing

Session 3: Professional Skills

Strategic Use of Third Parties in Family Law Property Proceedings

Inclusion of third parties in family law property proceedings may be a necessary requirement and could provide a strategic advantage. This session looks at the issues in running litigation with a third party, as both a necessary procedural requirement and for its strategic benefits. It includes:

• Understanding third party relationships in your matter – an overview of common third-party joinder applications
• Joining a third party – some practical and procedural pitfalls when doing so
• Are there practical and procedural limitations on joining third parties when used as a litigation strategy?
• What about proceedings where joinder of a third party is a necessity?
• Court’s power to review sham transactions and the risk to parties involved
• Orders made against third parties – what can and cannot be made
• Is there a need to implement a third party risk management process in family law proceedings?