Risk on Air

When you’re a new lawyer you are keen to impress and demonstrate your knowledge. In this episode, host Julian Morrow and Susan Hill, Special Counsel at Hones Lawyers, talk about the tendency for new lawyers to stray into ‘lone wolf thinking’, and this podcast will help new lawyers and their supervisors and colleagues to recognise when that is happening and avoid the dangers it poses. Additional Resources: New Lawyer Accelerator Program Transcript: Episode 34: Lone Wolf Thinking

Interest rate rises, surges in inflation and escalating cost of living. In this episode, host Julian Morrow chats with Malcolm Cameron, National Practice Group Leader at Sparke Helmore about our rapidly changing economy, the impact this has on solicitors and how economic pressures can increase the likelihood of professional negligence claims occurring. Additional Resources: Australian Executor Trustees (SA) Ltd v Kerr [2021] NSWCA 5 Secured Lending 1 Pty Ltd v Mahmassani [2021] NSWSC 811 Transcript: Episode 33: Solicitors Under Fire: Economic Impact on Negligence Claims

What situations lead to a personal costs order and how can you limit your exposure? In this episode, host Julian Morrow and Jon Tyne, special counsel with Sparke Helmore, chat about circumstances where personal costs orders may be made against solicitors and share practical steps that can be taken to limit the risks of exposure. Additional Resources: Canon Finance Australia Limited v Reliance Medical Practice Pty Ltd & Ors (No 8) [2020] NSWSC 1898 Transcript: Episode 32: Getting personal – limiting your exposure to personal costs orders

With communication issues the leading cause of claims against lawyers, it is important to be aware that not all clients process information in the same way. In this episode, host Julian Morrow and Barrister Ian Duane chat about neurodiversity and the particular challenges of communicating with neurodiverse clients involved in litigation. We provide some practical ways you can improve your awareness and meet different communication styles to obtain the best outcome for your clients. Transcript: Episode 31: Neurodiversity and litigation - recognising and advising clients

Solicitors are subject to strict and ongoing obligations in relation to costs estimates and disclosures. In this episode, host Julian Morrow, co-founder of the Chaser and Giant Dwarf, and host of ABC Radio National’s Sunday Extra, chats with Barrister Michelle Castle about the practicalities of meeting your obligations and explores some key cases on costs. Additional Resources: Bell Lawyers v Pentelow [2019] HCA 29 Coshott v Spencer & Ors; Coshott v Spencer & Ors [2019] HCATrans 183 Todorovska v Brydens [2022] NSWCA 47 Atanaskovic Hartnell v Birketu Pty Ltd [2021] NSWCA 201 Transcript: Episode 30: Footing the bill – emerging trends and issues in costs

In this episode, host Julian Morrow chats with Alistair Marshall about the changing legal services market and looks at practical tips for attracting clients to your legal practice. Additional Resources: Alistair Marshall bio Transcript: Navigating the New – the Law Practice as a Business

In this episode, host Julian Morrow co-founder of The Chaser, Giant Dwarf and host of ABC National Radio’s Sunday Extra chats with Susan Warda, Partner at Mills Oakley Lawyers, and Family Law Accredited Specialist. Additional Resources: Susan Warda bio

In this episode, host Julian Morrow co-founder of the Chaser, Giant Dwarf and host of ABC National Radio’s Sunday Extra chats with Simone Herbert-Lowe, Director at Law & Cyber, about cybercrime and cyber assisted fraud in legal practice. They discuss the practical steps that can be taken to secure your practice and minimise the impact should a cyber incident occur. Additional Resources: Lawcover Cyber Resources Solicitors’ duties in the digital era - is there a duty of technological competence? Simone Herbert-Lowe bio

In this episode, host Julian Morrow co-founder of the Chaser, Giant Dwarf and host of ABC National Radio’s Sunday Extra chats with Susan Hill, Special Counsel at Hones Lawyers and author of "A New Lawyers Guide to Getting it Right the First Time", about the risks associated with the delivery of bad news. They examine ways to deliver bad news with empathy while maintaining a focus on the facts and without damaging the relationship with the client or your reputation. Additional Resources: A New Lawyer’s Guide to Getting it Right the First Time

In this episode host Julian Morrow co-founder of the Chaser, Giant Dwarf and host of ABC National Radio’s Sunday Extra chats with Elissa Baxter, Chief Legal Officer at Lawcover about file ownership. We examine recent case law on the ownership of file notes, and the implications for ownership of other documents in solicitors’ files. We provide practical points to reduce risk and prepare you for when a client says – I want my file.

In this episode - Host Julian Morrow (co-founder of the Chaser, Giant Dwarf and host of ABC National Radio’s Sunday Extra) chats with John McKenzie, (Legal Services Commissioner for NSW) about solicitor complaints. They explore the key causes of complaints, how a client relationship can sour, how solicitors can form an appropriate response to a complaint and what you can do to reduce the likelihood of complaints.

In this episode we delve into neuroscience and how it can help us manage our workloads, reduce risk and how maintaining mental fitness can prepare you for life’s biggest challenges. Hosted by Julian Morrow, co-founder of the Chaser, Giant Dwarf and host of ABC National Radio’s Sunday Extra who chats with Rachel Clements, co-founder and Director of Psychological Services at the Centre for Corporate Health and Resilia about creating a healthy relationship with stress. Show Notes: Resources Law Society of NSW Solicitor Outreach Service (SOS) LIFELINE

Renee Stevens, Legal Risk Manager at Lawcover and Kristy Nunn, Director of Mullane & Lindsay, discuss recent cases and claims highlighting some key risk areas of family law practice, and explore how to manage these risks effectively. Show Notes: Binding Financial Agreements Family Law Act 1975 (Cth) sections 90G and 90K Rogic v Samaan [2018] NSWSC 1464 Spouse maintenance Family Law Act 1975 (Cth) sections 90F and 90UI Millington & Millington [2007] FamCA 687 (29 June 2007) Fosse & Salvage [2019] FamCA 385 (14 June 2019) Spouse maintenance orders Bodilly & Hand [2019] FamCA 210 (9 April 2019) Blevins and Blevins [2019] FCCA 1923 (11 July 2019) Child support and child support agreements Child Support (Assessment) Act 1989 (Cth) sections 80C(2), 83 and 106A(5)(a) Child Support (Assessment) Act 1989 (Cth) Part 4 Superannuation splitting orders Superannuation Industry (Supervision) Regulations 1994 (Cth) Part 7A Family Law (Superannuation) Regulations 2001 (Cth) Regulation 72

In this episode, Jack Boyd provides the inside story on how New South Wales law firms have been impacted by cyber-attacks in the last few years.

In this episode, Elissa Baxter, General Counsel at Lawcover and Michaela Moloney, Partner at K&L Gates, discuss sexual harassment in law practices. Other Resources mentioned: Respect@work report 2020, Australian Human Rights Commission Richardson v Oracle [2014] FCAFC 82 Vergara v Ewin [2014] FCAFC 100

The aftermath of a claim is a prime opportunity to explore changes to a law practice, particularly issues around employees whose conduct might have contributed to the claim. Show Notes: In this episode, guests Alex Haslam and Sarah Wood discuss systems around good employee supervision and the creation of ethical law firm cultures. They also discuss ways to approach disciplining or dismissing employees whose conduct is not meeting the firm’s expectations, and the employment law risks which arise from disciplinary action. Cases discussed Legal Services Commissioner v Ibidapo Olayemi [2019] VCAT 1283

We discuss the importance of having a risk management strategy for your legal practice. This includes the four essential questions that every legal practice owner should ask in order to reduce general risks and in particular, the risk of claims.

Every client file is different and proper management is key for timely and effective client service and risk mitigation.

When running a legal practice what are your obligations as an employer when it comes to working remotely? We discuss the risks, what is reasonably practicable and how you can minimise the risk to yourself, the legal practice and your employees to ensure a safe and effective work environment for everyone.

As the COVID-19 pandemic progresses, we look at the unique challenges that solicitors and law practices face as they transition to a remote working environment and evolving work arrangements. What are the potential risk implications for your practice? We discuss how systems, processes, clients and employees are impacted and how you can best minimise the risk of a professional negligence claim during these times of uncertainty.