Law Society of Ontario CPD’s Post

Decision delivered yesterday which is a timely reminder to practitioners to ensure compliance with their costs disclosure obligations to clients. While this was a determination made pursuant to the LPA, the LPUL as it applies in WA can be more detrimental in its effect. While the consequences as a result of any lack of costs disclosure under the LPA proceeds down a discretionary path of the Court, the LPUL is more stringent and voids the costs agreement. In this case, her Honour found that there were a number of breaches of the costs disclosure requirements of the LPA, and the effect was to render the costs agreement not fair or reasonable. This included the failure to comply with section 260(1), in particular the disclosure upon which the legal costs will be calculated, including the failure to indicate the applicable Scale to the subject matter and the prospect of recovery of costs. However, it is to be borne in mind that there were other factors which played a part in the Court excercising its discretion to set aside the costs agreement, including: - the vulnerability of the client in a complicated family law dispute; - the lack of explanation on the part of the law practice as to the consequences of entering into the costs agreement (as opposed to the Scale) - lack of information contained in the invoices; - the long intervals between rendering invoices to the client; and - the lack of ongoing updates to the legal costs.

A new online form developed by the Law Society of NSW is allowing thousands of the state’s solicitors who run small practices to assure the future of their businesses should they be suddenly unavailable. Many of the 6,600 sole solicitor or single principal practices across NSW regularly help clients with wills and enduring powers of attorney, too few of these lawyers have planned for a future without them at the helm. A new one-step form released by the Law Society is set to streamline that process and leave lawyers with peace of mind for the future of their practice, should something unexpected occur. #planningforsuccess #planningforthefuture #smallbusinessadvice

Johnston Allison Hord partner Kim Kirk recently presented the North Carolina case law updates at the 45th Annual North Carolina Bar Association (NCBA) Estate Planning & Fiduciary Law Program at Kiawah Island, SC. Follow the link below to learn more about the conference and Kim’s Update. https://lnkd.in/gQ39mS6j #NCBA #LegalUpdates #TrustsandEstates #FiduciaryLaw #JAHLaw

Under the Legal Profession Uniform Law that applies in NSW, VIC, and WA, law firms have an obligation to give their clients costs disclosure about settlement options in litigation matters before any settlement occurs. This ongoing and potentially onerous obligation is now the subject of detailed commentary in By Lawyers 𝟭𝟬𝟭 𝗖𝗼𝘀𝘁𝘀 𝗔𝗻𝘀𝘄𝗲𝗿𝘀 guide, and in the various By Lawyers litigation and injuries guides for those jurisdictions. Included is a link to barrister and By Lawyers author Philippe Doyle Gray's helpful Settlement Computer, to assist firms in complying with their disclosure obligations. This commentary enhancement is part of a full review of By Lawyers costs content in all jurisdictions. See By Lawyers News & Updates, and our publications, for more information. #ByLawyers #EnjoyPracticeMore #Litigation #Lawyers #LegalCosts

A successful family law practice requires quintessential skills, navigating through ethical dilemmas, and top-notch practice management abilities. Our presenters take you through the insights you need, as you hear about case updates, the latest trends, drafting best practices, and more. #LSOCPD

Blanchfield Nicholls’ Principal, Cathie Blanchfield, will be presenting a live webinar for The Education Network on 17 October 2024 on the topic “Everlasting Love? Family Law Protection Strategies for New Relationships”. This session will explore how binding financial agreements (BFAs) can proactively protect assets in new relationships, reducing the likelihood of future litigation.   There's still time to register. Don't miss out!   Link: https://lnkd.in/g3Pd67Bh #bnlawyers #familylaw #professionaldevelopment

Now is the time to refocus on protecting clients' interests in two crucial areas: succession planning and client file lifecycle management. Brent Hoeft, the State Bar’s practice management advisor and manager of the Practice411 Practice Management Program, shares strategies to get started. #wisconsinlawyer #wisconsinlaw #wisbar #practicemanagement #successionplanning #clientmanagement #lawpractice #lawfirm

Retiring from Law Practice: Should I Stay or Should I Go? #digitalmarketing #attorneyadvertising #lawyermarketing #injurylawyermarketing https://lnkd.in/e7r9Hzb8

LeFante Law Offices, P.C. Fights for Justice: Compassionate Support from Leading Wrongful Death Attorneys: LeFante Law Offices, P.C. The loss of a loved one is always a deeply painful experience. This is particularly true when the death could have been prevented. Wrongful Death is a legal term that refers to a situation in which … Continue reading → #Business #LawLegal #Services

Legal research done well not only avoids malpractice in cases but also flows into the firm-wide repository of legal knowledge for all matters. Garner is right: lawyers should not underestimate the breadth, depth, and importance of this value stream.