About the Webinar
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  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  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
Carolyn Sparke KCBarrister, Victorian Bar Melbourne, Vic
Jason SymonsPartner, Mills Oakley Sydney, NSW
Michele DavisConsulting Principal, Keypoint Law QLD
Who Should Attend?
This webinar is suitable for lawyers practising in succession law - Australia wide and it has been designed to deliver the 3 compulsory subject CPD units for the CPD year ending 31st March 2024.
Lawyers can claim 3 CPD units – 1 unit each for Professional skills, Practice Management & Business Skills, and Ethics.
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.
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: [email protected]