Recorded Webinar: Litigation Lawyers - 3 CPD Compulsory Topics

This webinar comprises 3 one-hour sessions covering each of the compulsory CPD subjects for litigation lawyers.

Session 1: Ethics: The Ethics of Settlements: When Resolving Disputes Can Come Back to Bite You

Presented by: Geoffrey Adelstein, Partner, Adelstein Solicitors, Sydney

Clients sometimes have second thoughts after settling a major piece of litigation. Often, when faced with settlement remorse, an easy target is the client’s legal team. But, what are the ethical duties of a practitioner advising settlement, particularly in difficult or hard-fought litigation? And do the ethical waters become murkier when the matter is being run on a contingency basis? This session unravels the ethical issues:

• Advising on settlements – ethical obligations explained
• Short time frames, costs and other pressures impacting settlement decisions – what ethical difficulties do they create?
• Contingency arrangements, litigation funding arrangements and settlement:
  • what are your ethical duties?
  • who should be involved in the decision to settle?
• How much coercion can lawyers put on clients to accept settlement?

Session 2: Professional Skills: Drafting Concise Pleadings under the New National Court Framework

Presented by: John K Arthur, Barrister, Victorian Bar, Melbourne

With the roll-out of the new National Court Framework, the Federal Court is hoping to ensure the quick, efficient and cost-effective resolution of commercial disputes. It’s vital that practitioners understand how to effectively draft the new form of pleadings and other court documents. This session unpacks the essentials:

• Drafting the new Concise Statement:
  • understanding its purpose - draft to tell the story
  • presenting a narrative that is persuasive
  • drafting strategies to navigate the tension between remaining within the constraints of the Concise Statement and ensuring you present all the information you need
  • avoiding requests for further and better particular through effective drafting
• How does the new Concise Statement differ to orthodox pleadings?
• Further and better particulars – drafting with purpose and effect
• Drafting agreed statement of facts and notices to admit – strategies to help streamline the issues in dispute

Session 3: Practice Management Business Skills: Discovery: Managing Discovery Processes in a Virtual World

Presented by: David Grant, Partner, Logie-Smith Lanyon Lawyers, Melbourne

The traditional discovery processes may soon be headed in the direction of the wigs. Predictive coding technologies are starting to be used and have even had judicial endorsement. What does this mean for your litigation practice? This session looks at:

• Identifying the most efficient methods and systems for e-discovery in your workplace
• What is Technology Assisted Review and how does it work?
• Continuous active learning technology – understanding its potential
• What does this mean for paralegals and junior lawyers?
• Pros and cons of using artificial intelligence for discovery in your practice