Recorded Webinar: Succession Law CPD Compulsories

This webinar comprises 3 one-hour sessions covering each of the compulsory CPD subjects for succession lawyers for the CPD year ending 31 March 2024.

Session 1: Professional Skills

Estate Administration Litigation: Sharpening Your Skillset When the Gloves Come Off

While few succession lawyers want their matters to end up in court, it is unavoidable that certain matters will eventually result in litigation. This practical session delves into the potential issues that may emerge in succession law litigation and offers insights on how lawyers can effectively equip themselves with the necessary skill set to navigate such situations. Topic areas covered include:

• Probate caveats and the impact of the recent decision of Re Estate Capelin, deceased [2022] NSWSC 238 on their use in contested matters
• The ins and outs of ex parte applications:
  • when are they appropriate?
  • how to present your case in accordance with current best practice standards
  • who to notify of the outcome (and when)
• Notices and applications to bar claims:
  • when they ought to be considered
  • practical and strategic considerations if served with one
• The duty of legal representatives in succession law litigation, as discussed in Limberger v Limberger [2021] NSWSC 474)

Session 2: Practice Management & Business Skills

Strengthening Your Defences Against Scams, Phishing and Cyber Security Attacks

Around 300,000 cyber-crimes are committed in Australia every year. Many of these incidents arise not from hacking but from the behaviour of people who fall prey to scams, phishing and other social engineering methods. As the recent headlines have shown us, lawyers are no exception. This session assists succession lawyers keep on top of their cyber-security risk by examining:

• The different methods currently employed for scams;
• Spotlight on the particular cyber security vulnerabilities experienced by succession lawyers
• Tips for how to identify scams and fraudulent communications
• Suggestions for systems, policies and steps lawyers can take to minimise their risk
• Potential consequences that can arise following a breach and what practitioners should do if they suspect a breach

Session 3: Ethics

Ethical Considerations in Client Representation: Knowing When to Proceed and When to Refrain

In succession law matters it can be common to take instructions from a couple and provide advice to ensure their testamentary wishes align. As time passes, people and circumstances change, family dynamics evolve, and relationships can break down.  Such events can create challenges and lawyers who fail to stop to consider the ramifications of changed circumstances run the risk of falling foul of legal, professional and ethical obligations. This session will examine:

• An overview of the ethical duties and obligations surrounding when lawyers can (and when they should not) act and the continuing obligations towards client following termination of client relationship
• Case examples to workshop through different scenarios which can create ethical conundrums, including acting for a former client or person connected with a former matter
• Ethical rules surrounding duties owed to former clients, including confidentiality
• Practical guidance about navigating the process when weighing up ethical considerations and how to create safeguards to prevent inadvertent breach of obligations