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

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

The Ethics of Settlements: When Resolving Disputes Can Come Back to Bite You

Clients sometimes have second thoughts after settling a major piece of litigation. Often, when faced with settlement remorse, an easy target is the client’s legal team. But, what are the ethical duties of a practitioner advising settlement, particularly in difficult or hard-fought litigation? And do the ethical waters become murkier when the matter is being run on a contingency basis? This session unravels the ethical issues:

• Advising on settlements – ethical obligations explained
• Short time frames, costs and other pressures impacting settlement decisions – what ethical difficulties do they create?
• Contingency arrangements, litigation funding arrangements and settlement:
  • what are your ethical duties?
  • who should be involved in the decision to settle?
• How much coercion can lawyers put on clients to accept settlement?