Recorded Webinar: 3 CPD Compulsory Topics for Lawyers – a national webinar for lawyers

This webinar comprises 3 one-hour sessions covering each of the compulsory CPD subjects for lawyers for the CPD year ending 31 March 2020.

Session 1: Professional Skills

Assessing a Client’s Capacity to Give Instructions

Central to the lawyer-client relationship is that a practitioner must be able to rely and act on instructions given by a client. However, what if a lawyer has doubts about their client’s ability to give instructions? Recognizing the signals of incapacity, physical or otherwise, and how to deal with it is the subject of this session. It includes:

• Understanding Solicitor Conduct Rules on client capacity

• Recognizing signals and signs of incapacity during client interviews – spotlight on mental health, disability and other issues affecting capacity

• What to do when you have doubt about a client’s capacity

• Recording initial mental capacity assessment

• When to refer client and to whom

• Talking about capacity with the client

• When to seek a substitute decision maker

• Case study – capacity checklist for lawyers

• Case report – Ryan v Dalton [2017] NSWSC 1007

Session 2: Practice Management Business Skills

Creating Digital Content and Measuring Its Return: A Primer for Lawyers

Digital marketing, newsletters, tweeting – how effective is it all really? This session looks at the various ways you can create social content and what returns you can expect. The types of things working for lawyers may surprise you. This session will take a detailed look at the various social mediums around and how you can develop your social media skills. It covers:

• Digital marketing – Facebook and Instagram ads for lawyers – is it appropriate and where has it been done well?

• Developing your social media profile – what are they steps?

• Specialist v generalist – what is your message?

• Managing your social media profile – which platforms?

• To tweet or not to tweet – should you use Twitter?

• Case studies on effective social media use for practitioners

Session 3: Legal Ethics

Ethical Challenges with Letters of Advice and Demand

This session examines the ethical dimensions of the bread and butter mainstays of practice – letters of demand and advice. The ethical parameters are explored to ensure that everyday matters do not create unnecessary ethics headaches. It includes:

• Letters of demand:

  • Don’t overstate or mislead

  • Legal costs and ‘extras’ – ensuring the right to payment

  • Not misdescribing the nature of the latter

  • Use of language and format of latter

  • Not threatening ‘trouble’ in letters of demand

  • When you should not take on the work

  • Ethical issues in researching the claim

• Letters of advice:

  • Summarizing the case – is there an ethical overlay here?

  • Stating what needs to be addressed and the solution options

  • Recommendations and proposed course of actions – ethical parameters

  • Factual gaps, assumptions and requests for information

  • Laying it on the line for the client – does this have an ethical dimension?

  • Case study – the perfect letter of demand?