Recorded Webinar: Litigation Lawyers - 3 CPD Compulsory Topics

 

Date:   6th February 2018
Duration:  3 hours

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


Session 1: Ethics:  The Ethics of Settlements: When Resolving Disputes Can Come Back to Bite You

Presented by:  Geoffrey Adelstein, Partner, Adelstein Solicitors, Sydney

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?


Session 2: Professional Skills:  Drafting Concise Pleadings under the New National Court Framework

Presented by:  John K Arthur, Barrister, Victorian Bar, Melbourne 

With the roll-out of the new National Court Framework, the Federal Court is hoping to ensure the quick, efficient and cost-effective resolution of commercial disputes. It’s vital that practitioners understand how to effectively draft the new form of pleadings and other court documents. This session unpacks the essentials:

  • Drafting the new Concise Statement:
    • understanding its purpose - draft to tell the story
    • presenting a narrative that is persuasive
    • drafting strategies to navigate the tension between remaining within the constraints of the Concise Statement and ensuring you present all the information you need
    • avoiding requests for further and better particular through effective drafting
  • How does the new Concise Statement differ to orthodox pleadings?
  • Further and better particulars – drafting with purpose and effect
  • Drafting agreed statement of facts and notices to admit – strategies to help streamline the issues in dispute


Session 3:  Practice Management & Business Skills: Discovery: Managing Discovery Processes in a Virtual World

Presented by:  David Grant, Partner, Logie-Smith Lanyon Lawyers, Melbourne

The traditional discovery processes may soon be headed in the direction of the wigs.  Predictive coding technologies are starting to be used and have even had judicial endorsement.  What does this mean for your litigation practice? This session looks at:

  • Identifying the most efficient methods and systems for e-discovery in your workplace
  • What is Technology Assisted Review and how does it work?
  • Continuous active learning technology – understanding its potential
  • What does this mean for paralegals and junior lawyers?
  • Pros and cons of using artificial intelligence for discovery in your practice
 PRESENTER
Our presenter

Geoffrey Adelstein, Partner, Adelstein Solicitors, Sydney

Geoffrey specialises in commercial and insurance litigation and his considerable experience in this area is recognised by other practices who have engaged him to act as a consultant and to give expert evidence. Geoffrey has been accredited as a Mediator with LEADR and regularly acts for parties in private and court appointed mediations.

Geoffrey is experienced in commercial negotiation, arbitration and mediation. Geoffrey is accredited by the Law Society of New South Wales as a specialist in Personal Injury and Advocacy, as well as being a Public Notary.


 

John K Arthur, Barrister, Victorian Bar, Melbourne

John’s principal area of practice is general commercial litigation, including contract, sale of land, property, sale of business disputes, professional negligence, corporations, equity, estates and insolvency,. He is particularly interested in alternative dispute resolution including, arbitration, adjudication and mediation.

His work ranges across causes and applications in the Supreme, Federal, County and Magistrates Courts and at VCAT; mediations (both as counsel and as mediator); drawing pleadings, affidavits and other documents; advising in civil litigation, and general advice work. John is a Fellow of the Chartered Institute of Arbitrators (CIArb) and ACICA and a councillor of the Australian Branch of CIArb and empannelled with KLRCA as Arbitrator, Adjudicator & Mediator.


 

David Grant, Partner, Logie-Smith Lanyon Lawyers, Melbourne

David A Grant is a Partner with Logie-Smith Lanyon Lawyers.  David is Team Leader of the firm’s Commercial Litigation Team.

  • David’s principal areas of practice are:
  • Insolvency litigation
  • Commercial litigation
  • Corporations Act applications
  • Debt recovery
  • Corporate Investigations, including ASIC Examinations
  • White Collar Crime
 WHO SHOULD ATTEND?

This webinar is suitable for litigation lawyers - Australia wide and it has been designed to deliver the 3 compulsory subject CPD units for the CPD year ending 31st March 2018.

 ENQUIRIES/ASSISTANCE
If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: lisa@tved.net.au
Product Code: WB1FEB18
 Price:  $352.00 (Inclusive of GST)
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