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Essential Skills – Settlement Agreements & Maximising Costs Recovery

Essential Skills – Settlement Agreements & Maximising Costs Recovery

Date & TimeThursday 30 March 2017 9am–12.15pm
Format Seminar, Webcast
Price

Member

$360.00

Non-Member

$480.00

CPD Units 3
  • Ethics & Professional Responsibility
  • Professional Skills
  • Practice Management & Business Skills
Venue LIV Lecture Theatre, 470 Bourke St, Melbourne View Map

Practical in nature, the first session will help you to hone your skills in drafting terms of settlement. You will also gain a better...

Further details below.

Program Overview

  • Essential Skills Half Day - Thursday 30 Mar
    • 9:00 AM Put it in Writing: Drafting solid settlement agreements

      Settlements are often hard-earned and arrived at only after hours of negotiation. Once two parties have arrived at an agreement, it’s critical to draft the settlement in a way that clearly provides for the outcomes you’ve agreed upon and protects both you and your client. Practical in nature, this session will help you to hone your skills in drafting terms of settlement.
      Topics will include:

      • form of document
      • key elements:
        • recitals
        • releases and indemnities
        • payment of the settlement sum
        • consequences for non-payment
        • proceedings to be disposed of
        • conditions to settlement
        • costs
        • confidentiality
      • critical issues to consider.

      Presenter: Derry Davine, Consultant Lawyer & Commercial Mediator

    • 10:00 AM Morning Tea
    • 10:15 AM Costs under the Uniform Law

      The introduction of the Uniform Law in 2015 brought about significant changes in costs procedures, the effects of which are still being understood today. This informative session will help you understand how to maximise costs recovery for you and your client by providing guidance on how to run a file for maximum costs recovery and providing common examples of unrecoverable costs (things you should avoid doing).
      Our experienced costs lawyer will also give you an overview of costs agreements under the Uniform Law, including:

      • a rundown of the legislative changes and framework
      • the most common problems with respect to ensuring that your practice is remaining compliant with the new regulations
      • how to estimate and scope your work
      • fixed cost agreements and their benefits.

      Presenter: John Colonna, Costs Lawyer, LIV Cost Lawyers

    • 11:15 AM Ethics and Best Practice

      Daily legal practice brings with it a host of ethical challenges for solicitors. As an officer of the court, a solicitor’s duty to the court and the administration of justice is paramount and prevails to the extent of inconsistency with any other duty, including those duties owed to a client.

      By engaging in this highly interactive seminar with an experienced solicitor-facilitator, you will be faced with working through a range of structured real life ethical scenarios to assist you in identifying key ethical issues and how to resolve them.

      By the end of the one hour session you will be able to answer the following questions:

      • My client has lied to the court in an affidavit – what should I do?
      • My client tells me that he committed the crime, but wants to plead not guilty – can I act for him?
      • My opinion is that my client does not have a proper basis for a negligence claim, but she instructs me to issue a summons to get a settlement – can I do so?
      • I have a very difficult client in a complicated property matter and want to cease acting – can I do so?
      • Can I still exercise a lien over a client-matter file if the former client pays the funds into his new solicitor’s trust account pending resolution of the costs dispute?
      • “Loose talk sinks ships” – the boundaries of a solicitor’s duty of confidentiality

      Presenter: Michael Dolan, Senior Ethics Solicitor, Law Institute of Victoria

Further Details

  • Full Description

    Practical in nature, the first session will help you to hone your skills in drafting terms of settlement.

    You will also gain a better understanding of how to maximise costs recovery for you and your client by learning how to run a file for maximum costs recovery. Finally, a senior ethics solicitor will take you through a range of structured real life ethical scenarios to assist you in identifying key ethical issues and how to resolve them.

    This Essential Skills Half Day is conveniently scheduled around the Intellectual Property Refresher, so if you need more CPD to fulfil your requirement, you can complete six units all in one day.

  • Presenters

    Derry Davine, Consultant Lawyer & Commercial Mediator

    John Colonna, Costs Lawyer, LIV Cost Lawyers

    John is the manager of LIV Cost Lawyers and has practised exclusively as a costs lawyer since his admission to practice. He has experience in assessing files and drawing bills of costs for firms as an external costs consultant, in addition to acting as an in-house costs advisor and assessor, and an advocate before the Costs Court both in mediations and at taxation of contested bills of costs. Being regularly exposed to rulings made on items in bills, John is well placed to advise solicitors how to maximise their costs recovery, or minimise their clients’ liability to pay opposing party’s costs.

    Michael Dolan, Senior Ethics Solicitor, Law Institute of Victoria

    Michael has gained extensive experience as a country and city solicitor, as well as in-house counsel for both a major statutory corporation in Victoria and an Australian electricity supply industry association. Michael provides advice to solicitors on ethics issues and supports the work of the LIV Ethics Committee.

  • Learning Outcomes

    At this Essential Skills session, you will:

    • learn practical strategies to improve your everyday practice
    • earn compulsory CPD units in ethics and professional responsibility, practice management and business skills, and professional skills
    • receive expert guidance and advice across a range of topics.