CPD Interactive catalogue Nov 2009 ETHICS Title of module Summary of module content
Author Ronwyn North, of Streeton Consulting
Conflicts of Interest Explores the different conflicts they may arise as a lawyer and how you can deal with these conflicts. It presents scenarios that place you in different situations and challenges you as to how you would deal with them.
Rose Bryant-Smith, Worklogic
Practical ethics for lawyers - Victoria Provides a guide to the ethical rules that apply to lawyers, and the ethical issues they face in practice, using a practical, common sense approach. Based on the key statutory provisions and conduct rules, this module also includes some broader information about lawyers’ lives and how they work, as this is the context in which lawyers make ethical decisions.
John Styring, Victorian Bar
Professional conduct – solicitors’ duty and duty Identifies some particular aspects of the duty of a solicitor to his or her client and to the court. It underlines that in the hierarchy of duty, the ultimate direction for obedience lies with the court.
Christine Parker, Adrian Evans, Linda Haller, Suzanne Le Mire and Reid Mortenson
The ethical infrastructure of legal practice: values, policy Examines the impact of the cultures and organisational structures of large law firms on individual lawyers’ ethics.
PROFESSIONAL SKILLS
CMA
Accept, reject or renegotiate? Evaluating offers in negotiation Lawyers routinely negotiate on behalf of – or side-by-side with – their clients. Every time you receive an offer from the other side, the question arises: do we accept the offer, reject it, or keep negotiating? This module provides a checklist for helping your client determine their response to proposals from the other side. Relevant to all types of negotiation, it will enable lawyers to bring a fresh and systematic approach to answering this critical question…and for laying the foundation for determining strategy if the answer is indeed “renegotiate.”
Geoffrey Gibson and Michael Sweeney
Mediation - attitudes and case studies The first module by Geoffrey Gibson explores the evolution of ADR and how its role has increased over the last 40 years. Further it explores the necessary attitudes and skills required to be an effective mediator. The second module by Michael Sweeney provides an overview of mediation in the commercial context, using two case studies as examples of how mediation can work, not only as a mechanism for resolving disputes but also as a strategic negotiation tool.
Michael Pryse and Daniel Star for the Leo Cussen Institute
Pleading misleading and deceptive conduct The first part of this module, by Michael Pryse will address issues of proof in misleading and deceptive conduct cases. The second part, by Daniel Star, will cover the following: • some general matters about pleadings – principally, its purposes and requirements • matters specifically relevant to pleading misleading and deceptive conduct, whether that be in the statement of claim, defence or other pleading.
Mark Campbell, Victorian Bar
Victorian Civil and Administrative Tribunal (VCAT): an overview Provides the legal practitioner with an overview of VCAT’s jurisdiction, structure and procedures, to know when VCAT is the most appropriate jurisdiction to initiate proceedings and what is required in any VCAT matter, in relation to commencing proceedings and procedural requirements.
Albert Monichino for Leo Cussen Institute
Drafting terms of settlement: top ten tips. Given the increasing use of mediation prior to litigation it is important to ensure any agreements reached in such mediations are carefully drafted. This module provides some key points in relation to these agreements, called “terms of settlement”.
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Christopher Balmford. Words and Beyond
Plain language for lawyers By Christopher Balmford of Words & Beyond, this provides a practical guide for lawyers on how to use plain language when writing. It is an introduction to the course provided by Words and Beyond.
Natalie Wieland, CEO of Bliss Consulting
Case law – legal research Provides an overview of legal research with a focus on case law in Australia. There are so many different sites and ways to conduct legal research. This module is designed to provide a methodology on efficient ways to complete research tasks. It is conducted via a series of simulations and at the end you can print a complete user guide.
Natalie Wieland, CEO, Bliss Consulting
Two modules: Legal research – Victorian legislation AND Legal research – NSW legislation Legal research is an integral part of being a lawyer. Whether you are a junior lawyer who conducts legal research on a regular basis or you are a senior partner who may do so less often, it is important to be aware of the tools available and how to use them effectively. Since the development of the internet there has been an assumption that if information is available online then it is both valid and current. This is often not the case. It is important to be aware what sites are preferred (for example, by courts) and how often the information is updated. As a lawyer it is vital to have access to the most current information and know how to verify this. At the completion of the module you can print out an extensive user guide, relevant to your jurisdiction.
Peter Condliffe, Victorian Bar
Drafting ADR clauses in contracts - Victoria and NSW Provides an overview of the law relating to the enforceability of dispute resolution clauses in contracts. It includes: • a summary of the major cases in Victoria and NSW • principles and tips for the drafting of such clauses • a discussion of issues relating to the use of mandatory mediation and arbitration. A sample dispute resolution clause will be provided and analysed as to its enforceability. Dispute resolution clauses of IAMA and LEADR will be provided for information and comparison.
Anna Robertson, Victorian Bar
How to prepare for a civil trial - Victoria Provides a detailed overview of the kind of preparation required to effectively prepare for trial in civil proceedings. It covers the form and content of documentation required, as well as addressing issues such as tactical considerations.
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Allison Stanfield, CEO <elaw>
How to prepare for an electronic trial This module comprises text, activities and video. It provides an insight into: • what is electronic discovery • how to prepare discoverable material • issues to consider in electronic discovery • how to exchange electronic documents • what is an electronic trial.
The Honourable Professor George Hampel, Australian Advocacy Institute
Introduction to advocacy An edited version of the introductory session presented at the beginning of a two-day advocacy workshop. It includes: • an overview of the history of advocacy training • principles and tips on advocacy • a methodology of how to prepare and present any matter regardless of jurisdiction or subject matter.
Heather Carine
Finding competitive information in seven steps Whether you are trying to find information about your clients, competitors, or recent industry developments, the essence of good research is finding reliable information, as quickly and easily as possible. This module sets out seven steps to help lawyers find the information they need when they need it, despite the obstacles of too much information and too little time.
Liz Harris of Harris Cost lawyers
Practical guide for legal costs (Victoria) This module provides a guide to costs under the Legal Profession Act 2004. The Act applies to all matters where first instructions were received on or after that date. This module aims to provide the legal practitioner with: • an understanding of the disclosure requirements • an understanding of the requirements when dealing with counsel. • how to make an application to set aside a cost agreement • what is required in a cost agreement.
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Ronwyn North, Streeton Consulting
Managing risk on the economic rollercoaster This module will prompt you to think about risk as your law practice rides the rollercoaster of economic uncertainty. It looks at several patterns of claims and practice problems that can arise in times of recession with a view to enabling you to: • Avoid becoming more ‘claims prone’ • Decide if you need to strengthen you approach to managing risk and • Ride the rollercoaster with more confidence that you are doing enough to manage risk, at least for now. A reference list for further reading is provided at the end of the module
PRACTICE MANAGEMENT Grevis Beard, Worklogic
Employment related discrimination law - Victoria Gives the legal practitioner a broad understanding and appreciation of the scope and content of discrimination laws, particularly in relation to the area of employment in Victoria.
Deanne McLennan, Worklogic
Employment related equal opportunity - Victoria Provides a practical, common sense approach to the ways discrimination law impacts in the workplace on a day-to-day basis. It explains the rights and obligations set out in the legislation and continuing from recruitment right through employment, including relationships between colleagues and changes in career paths, up to the employment relationship coming to an end. At each and every stage, both lawyers in legal practice and those managing the practice need to understand and incorporate EEO principles.
Worklogic at www.worklogic.com.au
Equal opportunity, Discrimination and Harassment, OH & S and Employment Law - Best Practice for Law Firms - NSW Covers equal opportunity, discrimination and harassment, OH S and employment law, providing an overview of what constitutes best practice for law firms.
Charles Power, Partner Holding Redlich
Protecting your business This module examines the legal safeguards that might be available to an employer to protect its secrets and goodwill when an employee moves to a competitor.
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Nick Gifford
Managing the Risks of Use and Abuse of Computer Systems by Employees This module explains what an acceptable use agreement is and in what circumstances it should be used. The Acceptable Use Agreement (“AUA”) is a contractual mechanism for managing the risks to the organisation associated with granting employees computer access rights.
SUBSTANTIVE LAW Andrew Palmer, on behalf of Leo Cussen Institute
Legal professional privilege: An update This module looks at some recent developments in legal professional privilege, in the context of a discussion of the general principles underlying the operation of the privilege.
Dr Tom Middleton
The role of lawyers in the context of an ASIC investigation This module provides a practical and comprehensive discussion about the role of lawyers when representing their clients in an ASIC investigation. It aims to provide the legal practitioner with: • an understanding of the role a lawyer plays in an ASIC investigation • understand the powers ASIC has in an investigation • an understanding of the lawyer’s role in providing advice to a client in relation to ASIC’s investigative and enforcement powers.
Joanne Walters, Accredited Family Law Specialist Macpherson+Kelley Lawyers
Super and family law: A crash course This module provides the legal practitioner with: • a practical understanding of the critical issues when advising a client on superannuation in family law property matters • an understanding of how superannuation interests can operate, in the context of family law disputes • techniques for drafting superannuation agreements or flagging or splitting orders. By the conclusion of the module the practitioner should be able to draft superannuation agreements or orders taking into account both the potential legal challenges they could face and the options available and to effectively advise clients on superannuation issues in a way that will protect their interests.
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Angela Cursio, Victorian solicitor
Testamentary trusts - Victoria This module gives the Victorian practitioner an overview of Testamentary Trusts. As well as considering some of the advantages and disadvantages of different types of trust it looks at the powers and obligations of trustees and beneficiaries of testamentary trusts, and how testamentary trusts function in a practical sense. For the purposes of this module the focus will be on trusts that operate under a will after the testator has died. The main categories of testamentary trusts to be examined include: • minors’ trusts • discretionary trusts • special needs trusts, including statutory protective trusts and special disability trusts • capital protected trusts (sometimes called life interest trusts) and rights of residence or occupation • education trusts and other special purpose trusts • charitable trusts.
Michael Bryan, Melbourne University on behalf of Leo Cussen Institute
The role of fiduciary obligations in commercial transactions This module focuses on recent decisions on fiduciary obligations, such recent cases supplying the contemporary contexts for applying longestablished equity. This module aims to introduce: • the consequences of recognising a legal relationship as fiduciary • remedies for breach of fiduciary obligations • other advantages of the fiduciary claim.
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