NSW Criminal Lawyers – 3 CPD Compulsory Topic Programs

S

This webinar set comprises 3 one-hour sessions covering each of the compulsory CPD subjects for NSW criminal lawyers for the CPD year ending 31 March 2022.

Session 1: Legal Ethics

Ethical Standards and Behaviour for Criminal Lawyers

Mistakes are inevitable in practice. When they occur, they immediately create a plethora of ethics issues, including what to tell the client and whether efforts to fix the mistake may transgress ethical boundaries. This session looks at the key issues from an ethics perspective, including:

• The mistake has been made – what next?
• Managing the divide between error prevention and error management in legal practice
• Ethics obligations on practitioners when a mistake has been made
• Is it worthwhile to make a distinction between honest mistakes and everything else?
• Gaining perspective on what has actually happened – seeking objective review
• Turning mistakes into opportunities for learning and development
• Avoiding the temptation for a quick fix – why this is important from an ethics perspective
• Developing strong policy guidelines to address the issue going forward
• Conducting a mistake audit on your systems and processes

Session 2: Professional Skills

Tips and Traps for Local Court Appearances

Appearing in the Local Court for an accused in a defended matter can be a challenging experience, but the key to success lies in preparation and an understanding of the process. This session provides a thorough guide to practitioners of key essentials in appearing in a matter in the Local Court, including:

• Considerations on whether or not to brief counsel
• Tips for preparing for a hearing without counsel
• What to look for in the particulars of charge and analysing the elements of the offence
• Tips for reading and assessing the brief of evidence and challenging the prosecution case
• What to do if further information is needed? Requisitions, requests and subpoenas
• A guide to contacting and communicating with the prosecutor, witnesses and the court
• Defence preparation including:
  • when to use expert witnesses and exhibits
  • defences
  • sentencing recommendations
  • closing address
• Advocacy essentials including evidence management, examination and cross-examination tips, managing delays
• Resources and preparation guides

Session 3: Practice Management Business Skills

Cyber Security: Managing Risk and Control in Your Legal Practice

No one wants to be the target of a cyber security attack. However, lawyers are particularly vulnerable and every practitioner has a professional obligation to be cyber safe. This session examines the key issues, including:

• Understanding your cyber security risk
• Why law firms are a constant target
• Some common threats explained and what practitioners should do to avoid a cyber attack when working from home
• Warning clients about cyber security risks
• Spotlight on work-from-home cyber security issues
• Key cyber security checklists from a firm audit perspective
• Consequences of a successful cyber-attack or data breach
• Case studies