Recorded Webinar: Commercial Lawyers - 3 CPD Compulsory Topics

This webinar comprises 3 one-hour sessions covering each of the compulsory CPD subjects for commercial lawyers.

Session 1: Ethics: Duty of Disclosure: Dealing with Ethical Priorities

Presented by: Andrew Downie, Barrister, Melbourne

Disclosure is necessary for a variety of reasons - professional standards and rules, managing ethical risk and ensuring good client relations just to name a few. Understanding when and how to make proper disclosure is the subject of this session:

• Cost disclosure – the obligation to ensure the client understands what they will be charged
• Disclosure of personal conflicts
• Disclosure of current and former client conflicts
• The ongoing duty of disclosure to your client
• When is failure to disclose an ethical breach?
• Disclosure to third parties – understanding the ethical issues
• Client confidentiality and disclosure – understanding professional obligation and your duty to the court
• Solicitor conduct rules and disclosure obligations

Session 2: Practice Management Business Skills: Fixed Fee, Value Pricing and Billable Hours – The Future of Costing

Presented by: Daniel Taylor, Managing Director, Pattison Hardman, Sydney

The pricing models used by the legal industry have evolved considerably since the days of the billable hour. Clients are expecting flexibility and choice when it comes to pricing. This session examines the latest developments in pricing and alternative fee arrangements and how they can be effectively utilised in your practice. It covers:

• Communicating costs to your client – what should be in your costs agreement, what are the rights of the client and how do you get the estimate right?
• What costing models are there?
• Making the Disclosure Statement process work for you
• Changing to new fee arrangements – best practice tips:
  • fixed fees
  • retainers
  • value based pricing
• When the client complains about costs – how should you respond?
• Case studies – costing models that work

Session 3: Professional Skills: Drafting Dispute Resolution Clauses: Key Essentials for Commercial Lawyers

Presented by: Greg Laughton SC, Barrister, Arbitrator Mediator, Sydney

While disputes are usually far from the parties’ minds when reaching an agreement, failure to pay attention to the dispute resolution clause can be a costly mistake. Given how important dispute resolution clauses are, it pays to avoid using standard boilerplate clauses. This practical session shows you how to tailor a dispute resolution clause to suit the needs of the parties and some common traps to avoid. It covers:

• Drafting goals: clear, internally consistent, workable and reflects the intentions of the parties
• Litigation, ADR or arbitration – why the method of dispute resolution impacts drafting
• Spotlight on arbitration – special drafting considerations (who, what, how, where and when?)
• Drafting particular clauses:
• exclusive jurisdiction clauses
• multi-tiered dispute resolution clauses and other ‘exotic’ options
• expert determination clauses
• Defective drafting – how to avoid unworkable clauses
• Practical case studies of effective dispute resolution clauses