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Recorded Webinars

Recorded Webinar: Legal Ethics - When Tone in Correspondence Becomes an Ethical Issue

It is inevitable that we cross paths with a practitioner who may not like us or decides to take a particularly aggressive stance on behalf of their client. This may spill over into correspondence. At what point have we crossed an ethical line and what is the standard that should b
PRESENTED BY Peter Sise Special Counsel - Clayton Utz , Melbourne

Date/Time

About the Webinar

It is inevitable that we cross paths with a practitioner who may not like us or decides to take a particularly aggressive stance on behalf of their client. This may spill over into correspondence. At what point have we crossed an ethical line and what is the standard that should be maintained instead? This looks at the main issues, including:

  • Understanding professional obligation of practitioners in written communication – an overview
  • Key ethical guidelines for practitioners in writing correspondence to the other side
  • How to gauge whether communications have appropriate tone?
  • Is there a correct tone for different scenarios or a neutral tone irrespective of circumstance?
  • Does a negative message require adjustments on tone?
  • Using appropriate emphasis and subordination is place of misdirected tone
  • Using non-discriminatory language to minimize misunderstanding on tone
  • Case study – is the adage ‘don’t write anything unless prepared to have it in affidavit’ still current?
  • Next steps – what happens if someone crosses the line?

Presented By

Peter Sise
Special Counsel, Clayton Utz Melbourne, Vic

Peter is an experienced commercial litigator with particular knowledge of trade practices law, insolvency and regulatory investigations. He believes litigation is about resolving conflicts so that a business can remain focused on what matters: its business.

This requires understanding the objectives, histories and personalities of all stakeholders and that a win does not always come from a court's judgment.

Peter believes that in a world of continuously changing legal regulation, it's essential to have an understanding of where laws originated and where they are headed – a belief that has led him to write regularly for peer-reviewed journals and work on both the "Harper Review" of Competition Law and Policy and the Australian Consumer Law Review. Peter is also an editor of Wolters Kluwer CCH's trade practices commentary and a member of the editorial committee for the publication, In-house Counsel.

Who Should Attend?

This webinar is suitable for lawyers - Australia wide and it has been designed to deliver the ethics unit for th

CPD Information

unit for the CPD year ending 31st March 2023. CPD Lawyers can claim 1 CPD unit – 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.

Enquiries/Assistance

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]

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