Risk Management

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School

The College of Law *

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Course

BL5007

Subject

Management

Date

Apr 3, 2024

Type

docx

Pages

4

Uploaded by PrivateHeron3942

Risk Management Client management File management time management self management Risk Management Matrix Confidentiality Privilege is something that is not for the solicitor 9.2 exception Risk management matrix To avoid conflict o interest To maintain confidentiality To deliver legal services competently To deliver legal services diligently and promptly To provide clear and timely advice including EDR(Early dispute resolution) To maintain integrity and processional independence To bring profession yo disrepute be a “fit and Proper Person” (affidavit kind of docs has to be sign front of the solicitor ) to uphold the duty to the court- including tribunals and mediators To effect proper costs disclosure and retainer to act in the best interest of the client Uniform civil rules 2020 (SA) Client management choose your clients carefully and very difficult to terminate a retainer Vet them- no cab rank rule for solicitors only for barristers Considerations: Conflict change Paper trail Supervised Practice Conduct Rule 37- supervision of legal services Conduct Rule 20- read it Milu v Smith & Ors 2007- Read Pro bono cases File management and time management
Self management Social media: You have the responsibility to use social media responsibly and ethically No Contact rule, under conduct rule 33 can be breached having another lawyer’s client as a “friend” any advise statement or response on a blog or other social media website many constitute as a legal advise Mind Map- Ellis case Who is the client? Eliss Tom Jenkins as the potential client/ Harlry as well/Tom’s company What are the client’s goals? Franchising sunnyside up/ to use up the accumulated super benefits and entitlements /considering business structure/ to sign the disclosure by EOW/considering business start up/ What are the non legal facts? Previous work exp and the fact that he is retired. / major health scare/if tom is not contributing he can be an employee/contractor/ conduct background search on the willabong holdings/reputation/ Harley providing info which doesn’t appear in the public domain What are the legal facts? What type of the business structure/parties- Tom and Willabong / owners of sunny side up/parties /real estate agent and the commercial lease/conduct background search on the Willabong holdings/reputation/conduct a background search on Tom- Licence and the company What are the legal opportunities and constraints - Corporate and business structure/ Property/ Consumer law/Finance/ employment law/ merges and acqusitions/ environmental and planning Constraints- The standards of the solar panels according to the State regulations/expert opinion and council approval What are the ethically and legally viable options- singing off the lease might not be viable/due diligence of the sunnyside up Next Steps- Due diligence due to the wind up notice / ASIC/ state approval SALPCR Legal Writing skills Clear conscience and accurate sophisticated writing Defamation/Vicarious liability/ negligence/misleading/ reputation issues can be some consequences of not following correct writing style. Infringing the rules- Rule 4.1 -fundamental ethical duties of a lawyer
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