Session 1: Professional Skills

It’s a Deal: Negotiation Strategies for Lawyers

This session looks at both key negotiation skills and when they should be used, as rushing to court may not always be in your clients’ best interests. It covers:

• When is informal strategic negotiation appropriate?
• The role of supported negotiation
• The core skill base in negotiation – a recap
• Understanding negotiation type – bilateral and multi-lateral negotiation
• Role of third parties in negotiation
• Some negotiation strategies:

• Separating the person from the problem
• Neutralizing conflict with open dialogue
• Appeal to overarching values
• Concentrate on the major conflicts

Session 2:  Legal Ethics

Legal Professional Privilege and Ethical Boundaries

This session looks at the potential legal and ethical risks that can arise in the intersect between discovery obligations and legal professional privilege, including:

• Understanding the common law and statutory exceptions
• Ethics status of legal professional privilege
• Ethical basis for limiting claims of privilege
• Resisting claims of privilege where ethically impermissible
• Case study – lessons from the Banksia Securities class action

Session 3:  Practice Management & Business Skill

Bullying, Discrimination & Harassment and Legal Practice

All members of the legal profession deserve to be treated fairly and respectfully. Despite this, inappropriate behaviours continue to exist in the profession. This practical session examines best practice guidance on combatting bullying, sexual harassment and discrimination in the workplace, including:

• Identifying workplace bullying, discrimination and harassment – some common and not so common examples in legal practice
• Understanding obligations under anti-discrimination laws and other workplace laws
• Effective preventative strategies to consider
• Options available to practitioners experiencing or witnessing inappropriate behaviours – complaints processes and other avenues
• Case studies

Hugh Stowe, Barrister, 8 Wentworth Chambers, Sydney, NSW

Hugh Stowe is a member of 5th Floor Wentworth Chambers, and has been at the bar for 20 years.

He practices in equity and commercial litigation, with specialisation in insolvency, corporations law, and restraint of trade.

He has an undergraduate degree from Sydney University, and a Master of Laws from Cambridge.

Before coming to the Bar, he practised at the firms now known as Herbert Smith Freehills and King & Wood Mallesons, and was the Associate to the Chief Justice of the Federal Court of Australia.  He has also lectured in law in the University of Durham, in the UK.

Richard Antill, Barrister, Sydney, NSW

Richard has a broad general commercial law practice with particular expertise and experience in property matters, equity, trusts, wills and estates, and family law matters.

Richard signed the bar roll in Victoria in 2003 and built a busy practice in Melbourne, appearing in all courts and tribunals. In early 2021 Richard moved to the Sydney bar and has since been building a similar practice in the NSW jurisdiction.

Since 2017 Richard has been a sessional lecturer at Monash University. He is the course co-ordinator / chief examiner for the Succession Law unit, and has lectured (and tutored) in Trusts, Equity, Property and Commercial law units.

Richard has delivered numerous seminars for various CPD providers on a wide range of topics, including ‘Claiming Damages for the Loss of a Chance’, ‘Confidentiality Obligations’, ‘Ethics and Risk Management for Succession Lawyers’, and ‘Personal Property Securities’.

Elizabeth Devine, Principal, Devine Law at Work, Sydney, NSW

Elizabeth Devine is an employment lawyer and conflict management specialist.

Elizabeth is the Founder of Devine Law at Work, a law firm and consultancy which specialises in employment law, workplace relations and conflict management.

Elizabeth’s qualifications include a Masters of Dispute Resolution, a Bachelor of Laws and a Bachelor of Arts. She has been practicing law for 31 years and has specialised in all aspects of Australian employment law, workplace relations and conflict management for 26 years. She is an Accredited Specialist in Employment and Industrial Law.

Devine Law at Work provides services to employers in the public and private sectors and in a broad range of industries. Elizabeth’s approach is a holistic one, combining skills and expertise in the law, communication, systems, mediation, facilitation, conflict coaching, education and workplace investigation. These services focus on prevention and minimisation of risk, transformation of workplace issues into learning opportunities and long-term solutions and the enhancement of expertise within the workplace, including the professional development of leaders, managers and internal advisers.

Prior to founding her own firm in 2002, Elizabeth worked for the Australian Government Solicitor, in a peak employer body and in private practice.

Elizabeth is passionate about enhancing the knowledge of others about workplace law.  In recognition of her significant expertise in employment law and conflict management, Elizabeth has been regularly asked to present at employment law conferences and seminars in Australia for the past 20 years. She also presents Master Classes in Australia and overseas. Elizabeth is known for her clear, energetic and approachable style.

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 2023.

Lawyers can claim 3 CPD units – 1 unit each for Ethics, Practice Management & Business Skills and Professional Skills.

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.