Recorded Webinar: 3 CPD Compulsory Topics for Commercial Lawyers


5th February 2019
Duration:  3 hours

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

Session 1: Ethics:  Ethics in the Written Word – Meeting Ethical Standards in Written Communication

This session examines ethics obligations for practitioners in written communication. Whether by letter, email or other medium they each present ethical risk. This session looks at the main issues to remain compliant, including:

  • Conduct rules and ethical communication
  • Civility professionalism and courtesy in written communication
  • Duty to establish client’s case factually
  • Writing clearly and concisely – when lack of clarity represents an ethics risk
  • Letters of advice – the ethical parameters
  • Communicating to third parties
  • Inappropriate language and phraseology in written communication
  • When communication breaches can amount to professional misconduct
  • Case study – examples of do’s and don’ts in written communication

Session 2: Professional Skills: Advanced Negotiation in Practice – Strategies for Improved Client Outcomes

Strong negotiation skills are an important part of any lawyer’s arsenal. While every negotiation is unique, there are techniques you can master to help gain the result you want. This session will give experienced practitioners the chance to refresh their skills, while also providing an overview for those looking to improve their negotiation skills for the first time. It covers:

  • Negotiation and communication – Understanding its value in practice
  • Preparation for negotiation – compiling facts and identifying value
  • Building the exchange – identifying value whilst building trust in fact transfer process
  • Negotiation tactics – opening offers and the strategic step back
  • Bargaining and finding meaningful concessions – don’t forget to ask
  • Finalizing the negotiation – capturing value and appreciating the opponent
  • Understanding the principle of mutual gain
  • Recognising difficult negotiators and having strategies for dealing with them effectively

Session 3:  Practice Management & Business Skills:  Defending Your Mental Health: Managing Wellbeing in Legal Practice

One in five Australians will be affected by mental illness. And the statistics are even higher for those in the legal profession. This session examines how to best support employees experiencing mental health issues, whilst also managing the impact is has on your practice. It covers:

  • Supporting colleagues with mental illness – best practice fundamentals
  • Identifying the stressors within the profession and what can be done to mitigate these, including:
    • encouraging work / life balance and flexibility
    • resilience training
    • managing competing priorities
    • dealing with time pressures, difficult clients and adversity
  • Managing the impact of mental illness in the workplace 
  • Providing access to resources available to assist
Our presenter

David Bailey, Barrister, Melbourne

David has practised at the bar for over 16 years, previously practising as a solicitor. For over 25 years he practised  banking law acting for 2 of Australia’s major banks as head of the banking department of his firm. He now handles banking disputes as well as a broad range of commercial and international matters. He appeared in a major cross border commercial arbitration involving an appeal to the Full Federal Court of Australia and a constitutional challenge in the High Court. He appears in all courts in the Victorian hierarchy and the Federal Court.

David is currently the senior author of Civil Procedure Victoria, author of Discovery and Interrogatories, Australia and a co editor of Court Forms Precedents and Pleadings - Victoria.

Eleanor Coates, Barrister, Melbourne

Eleanor signed the bar roll in October 2012, reading with Stephen Russell. Prior to coming to the bar Eleanor served her articles under Tony Hargreaves at Kenna Croxford & Co in 1999. She remained at the firm, which became Kenna Teasdale Lawyers in 2004, for 13 years with a broad practice heading up the Wills and Probate department whilst maintaining her practice in Criminal Law.

Eleanor has vast experience in Testator’s Family Maintenance claims together with broader Probate cases including proof of informal Wills and other such complex Probate applications. Eleanor regularly undertakes the role of mediator, having completed her accreditation as a Mediator in December 2010, becoming nationally accredited in 2011. She was described by the assessors as “a natural mediator”.

Mark Howard, Partner, HWL Ebsworth, Melbourne

Mark Howard is the National Practice Group Leader in the Workplace Relations and Safety Group.

Mark has more than 25 years experience in industrial relations and employment law. He specialises in providing advice to large corporate clients and statutory authorities and has a range and depth of experience across a broad range of industries, including government, building and construction, retail, manufacturing, financial services, insurance, technology and energy and resources.

Mark's practice focuses on enterprise bargaining and workplace agreements, dispute resolution, business restructures, board and executive solutions and compliance and risk management. He also has experience in designing and delivering training programs for use by employers and regularly presents at seminars and conferences.


This webinar is suitable for lawyers - Australia wide and it has been designed to deliver the 3 compulsory subject CPD units for the CPD year ending 31st March 2019.

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email:
Product Code: WB1FEB19
 Price:  $385.00 (Inclusive of GST)
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