Recorded Webinar: 3 CPD Compulsory Topic programs for Commercial Lawyers

This webinar comprises 3 one-hour sessions covering each of the compulsory CPD subjects for commercial lawyers for the CPD year ending 31 March 2023.

Session 1: Ethics

Disciplinary and Professional Complaints: Walking the Ethical Tightrope

Despite the best of intentions, no lawyer is immune from a complaint or disciplinary action. A poorly handled complaint can have a potentially devastating impact on your reputation and your ability to practice. This practical session examines how lawyers can avoid, manage and respond to complaints, including:

• Complaint receiving bodies – who are they? What is the process?
• Responding to the initial complaint – the right way and wrong way when dealing with the regulator
• Best practice to resolve matters efficiently
• Disciplinary proceedings – case examples and approaches to take
• Disclosure obligations, including offences and show cause events

Session 2: Professional Skills

Drafting to Avoid Unfair Contract Terms

The unfair contract term provisions under the Australian Consumer Law raise significant issues for all businesses that utilise 'standard form contracts'. Forthcoming changes to the laws will significantly increase the risk associated with these laws, as it will soon be illegal to include 'unfair terms' in such contracts, exposing businesses to the risk of significant financial penalties.

This session will provide a summary of the new laws, and discuss how careful drafting can effectively manage the associated risks. Issues to be covered include:

• Undertaking an effective 'unfair term' review
• Documenting 'reasonable basis' for potentially unfair terms
• Understanding the ACCC's views as to what is 'unfair'
• Effective negotiation strategies to avoid the application of UCT laws
• Understanding when an onerous clause can still be 'fair'
• Techniques for drafting enforceable, once-sided clauses
• Use of mutuality and interpretation clauses to mitigate risk

Session 3: Practice Management Business Skills

Getting Noticed - Marketing Techniques for Lawyers

New clients and files don’t just magically happen. While we all wish we were natural-born rainmakers, the reality is it takes a combination of hard work, clever marketing and the development of effective networks. This session covers:

• Gaining clarity on the type of practice you have – the key to marketing success
• The importance of marketing that is measurable and tracking the results
• Business development starts with low hanging fruit - your existing clients
• Developing referral sources – active marketing for referrals
• Developing your connections to entities with potential clients – getting out there
• Devising a social media marketing strategy
• Incorporating marketing in your business plan
• Case study – your firm’s online presence: infrastructure and content