Risk On Air

Navigating tough conversations is a reality many lawyers face. From managing unrealistic expectations to de-escalating conflict, we explore practical strategies for communicating with clarity, empathy and professionalism, not only to foster stronger client relationships, but also to reduce risk and maintain control in highly charged interactions. Transcript: Difficult dialogue: Managing challenging conversations Resources The Resilient Lawyer

Conflicts of duties can quietly arise in the routine of everyday legal practice. From property transactions to estate planning, these conflicts often go unnoticed, until it’s too late. In this episode, we explore how to spot the red flags, the importance of clearly documenting client relationships, and knowing when it’s time to step back. Transcript: A family affair: Conflicts of duties when acting for related parties Resources Wardle v Wardle [2021] NSWSC 1529 Legal Services Commissioner v Cass [2023] QCAT 320 (25 August 2023)

It’s the outcome every solicitor involved in litigation strives for: settlement. But for some, that “game over” moment can mark the beginning of a new set of problems. In this episode, we unpack settlement regret and why it remains a significant risk. From overlooked advice to misunderstood outcomes, what can solicitors do to avoid becoming the next cautionary tale? Transcript: Settlement regret: Why solicitors still get burned Resources Odlum v Friend [2024] NSWCA 159

Changes to the NSW Duties Act are still creating challenges for solicitors. In this episode Andrew Rider, specialist Tax Barrister, provides practical guidance on navigating the key amendments to the Duties Act, why solicitors continue to have difficulties in this area and why the Commissioner’s guidance on transfer duty on options is essential reading for property lawyers. Transcript: Duty calls: Navigating transfer duty on options Resources Commissioner’s practice note CPN 037

Maintaining good working relationships with clients is much easier when expectations have been clearly set at the beginning. In this episode Jacqui Dawson, principal of Sexton Family Law and an Accredited Specialist in Family Law, shares her tips and insights for keeping client relations on the right track. Transcript: Great Expectations: Managing client relationships in Family Law

In the final part of this 2-part episode we examine compassion fatigue and vicarious trauma in legal practice – what is the difference between them and why do they pose significant risks not only for the individual solicitor, but for the practice and its clients. Transcript: Part 2 - Trauma-informed practice: Reducing risk and improving outcomes Additional Resources Mental Health & Wellbeing – Lawcover The Law Society of NSW Solicitor Outreach Service (SOS) - 1800 592 296Northern Territory: LawCare – 1800 193 123 Nationally available support and helplines:Lifeline - 13 11 14Beyond Blue - 1300 224 636

In part 1 of this 2-part episode, host Julian Morrow is joined by Rachel Clements Co founder and Director of The Centre for Corporate Health to discuss trauma informed practice and how it can enhance client interactions, reduce risks, and improve overall outcomes – for everyone. Transcript: Trauma-informed practice: Reducing risk and improving outcomes Additional Resources Mental Health & Wellbeing – Lawcover The Law Society of NSW Solicitor Outreach Service (SOS) - 1800 592 296Northern Territory: LawCare – 1800 193 123 Nationally available support and helplines:Lifeline - 13 11 14Beyond Blue - 1300 224 636

In this episode, host Julian Morrow is joined by Malcolm Heath, Lawcover’s Practice Risk Manager, to unpack a five-letter word that could feel like a four-letter one: CYBER. The key question isn’t just how to prevent a cyber-attack but also how to respond when it happens—because how you respond can make all the difference. Transcript: Cybercrime – How you respond matters Additional Resources lawcover.com.au

Conflicts of interest can challenge even the most seasoned of solicitors. In this episode, we explore common situations where and when conflicts may arise and strategies to better identify potential conflicts, take appropriate action, and uphold your duty to your clients and the law. Transcript: Whose Side Are You On? Navigating conflicts of interest Additional Resources Atanaskovic Hartnell v Birketu Pty Ltd [2021] NSWCA 201 Staffa v Legal Profession Complaints Committee [2022] 83 WASCA

In this episode, Julian Morrow chats with Ian Denham, partner at Moray & Agnew Lawyers, to unpack a crucial but often misunderstood legal concept: the Harman Obligation.What does it entail, what are the practical implications if you get it wrong, and how can you protect yourself? Transcript: Navigating the Harman Obligation Additional Resources Johnston v Allen [2024] NSWSC 187 Hearne v Street [2008] HCA 36

In this episode, Julian Morrow talks with Brett McGrath, current president of the New South Wales Law Society, about navigating new legislative and technological changes, what these shifts mean for solicitors in their daily practice and why it is important to start preparing now. Transcript: Preparing your practice: managing legislative and technological change Additional Resources AML and CTF Hub | The Law Society of NSW AI for legal professionals | The Law Society of NSW

In this episode, Julian Morrow talks with tax law barrister Andrew Rider about the intersection of immigration, tax and property laws in the complex landscape of Surcharge Purchaser Duty (SPD) and Surcharge Land Tax (SLT) in NSW. Transcript: Surcharge Traps Additional Resources Keddas Pty Ltd ATF Kaluarachchi Family Discretionary Trust v CCSR [2024] NSWCATAD 138

How to stay secure while working on the run?  In this episode, Julian Morrow talks with Cathryn Urquhart, a Professional Skills Trainer, about the risks and practicalities of working anywhere other than a designated desk and highlights the risks to be aware of in a world of flexible work arrangements. Transcript: Episode 40: Legal Work on the Run

Understand the critical role of solicitors in assessing the prospects of success in litigation. Learn when a solicitor may have an obligation to inform clients that their case is hopeless.  Tune in to this episode as Julian Morrow and barrister Amelia Avery-Williams address the practical considerations solicitors must navigate when assessing litigation prospects and learn how thorough documentation can defend against negligence claims. Transcript: Advising on Litigation and Client Prospects Additional Resources Victorian X-Ray Group Pty Ltd v Malouf t/a Malouf Solicitors (No 3) [2024] NSWSC 888* NOTE: The decision in Victorian X-Ray Group Pty Ltd v Malouf t/a Malouf Solicitors (No 3) [2024] NSWSC 888 is under appeal.

In part 4 of Lawcover’s cyber podcast series, host Julian Morrow talks to Katherine Jones, partner at Colin Biggers & Paisley, about Lawcover’s Cyber Risk Insurance Policy that Lawcover has put in place for the benefit of its insured law practices. Transcript: Part 4 in Lawcover’s Cyber Series: Lawcover’s Cyber Risk Insurance Policy Additional Resources Cyber Policy Wording Cyber Resources

In part 3 of Lawcover’s Cyber podcast series, we revisit host Julian Morrow’s chat with SJ Price, leader of AI Practice and partner at Stirling & Rose about the implications of generative AI models for law practices. Transcript: Part 3 in Lawcover’s Cyber Series: AI Unplugged

It’s not if, but when! Data and privacy breaches; are you at risk? In this episode Julian Morrow talks with Nitesh Patel, Principal, and Cyber and Technology Specialist at Gilchrist Connell about data breaches and what a law practice can do to protect its confidential information. Transcript: Part 2 in Lawcover’s Cyber Series: Data and Privacy Breaches

The digital landscape is constantly evolving, and so must our defences.  In this episode Julian Morrow talks with Elissa Baxter, Chief Legal Officer at Lawcover about the evolving threat of cyber fraud and the strategies legal practices can adopt to prevent the loss of funds to cyber criminals. Transcript: First episode in Lawcover’s Cyber Series: Protect your Legal Practice from Cyber Fraud

When law firms don't invest in the supervision and growth of their new lawyers it can lead to professional negligence claims and high staff turnover. In this episode Julian Morrow talks with Malcolm Heath, Practice Risk Manager at Lawcover about the critical role of supervision in the legal profession and the striking impact it has on the overall health of a law firm. Transcript: Episode 37: Supervision of new lawyers

What do Artificial Intelligence tools like ChatGPT mean for law practices? In this episode Julian Morrow talks with Schellie-Jayne Price, leader of AI Practice and partner at Stirling & Rose about how these tools are used in legal practice and what you can do to identify and manage the risks. Transcript: Episode 36: AI unplugged