Recorded Webinar: 3 CPD Compulsory Topics for Lawyers

This webinar comprises 3 one-hour sessions covering each of the compulsory CPD subjects for lawyers for the CPD year ending 31 March 2019.

Session 1: Professional Skills: Drafting and Negotiating Contracts to Allocate and Manage Risk

Presented by: Andrew Dunn, Partner, HFW Australia, Sydney

All commercial contracts to some extent deal with risk allocation and risk transference. Drafting robust indemnity, warranties and exclusion clauses are an essential part of any commercial lawyer’s armoury. This practical session examines how to best allocate and manage risk in contracts, including:

• Identifying and allocating key legal and commercial risks
• Practical approaches and tactics to negotiating effective outcomes
• Contractual mechanisms to transfer risk – drafting effective indemnity, warranties and exclusion clauses
• Other key risk allocation tools – including limitations of liability and termination rights
• Interplay between proportionate liability legislation and contractual liability exclusion
• Case Study: impact of risk allocation clauses on insurance

Session 2: Practice Management Business Skills: Bills, Cash Flow and Handling Debts: A Primer for Lawyers on Financial Management

Presented by: Frank Quinn, Principal, Chapman Eastway, Sydney

Legal practice requires careful financial management, particularly in today’s ultra-competitive market. This session covers the important areas of cash flow and financial risk management in legal practice, with a focus on the following:

• The importance of cash flow and its effective management
• Understanding the key drivers to profitability
• Cost control – best practice options
• Dealing with the client who doesn’t pay
• Managing debts – how much can you afford to carry?
• Security arrangements – how much of an initial retainer should you ask for?
• Cutting through the jargon – understanding the balance sheets

Session 3: Legal Ethics: Conflict of Interest and Professional Obligation – Dealing With Ethical Priorities

Presented by: Hugh Stowe, Barrister, Wentworth Chambers, Sydney

Whilst conflict of interest is a clear ethics issue, it is necessary to look at exactly what that means under the solicitor conduct rules. This session looks at conflict of interest from a practitioner’s professional obligation perspective and the solicitor conduct rules:

• Conflict-of-interest situations explained:
• conflicts and former clients
  • conflicts and current clients
  • conflicts and the solicitor’s own interests
• Preventing conflict situations arising – a checklist
• Managing the conflict once it arises
• Disclosure obligations when conflicts arise
• Ensuring appropriate systems to prevent conflicts of interest – “Chinese” walls
• Your opponent is conflicted – what are your options?
• When should you remove yourself from a matter – and how to do it
• Conflict situations in big firms and multidisciplinary firms
• Case study – acting for parents and then acting for children