LawInform Courses

  • Click a tile for more information.
  • Click the checkbox on the tile to add one or more courses to your Cart, which appears at the top of the page.
  • In your Cart, click 'Buy and enrol' to proceed to confirm and pay.
Course or program starts between:
    
and
    
course(s) selected CPD units
learner(s) selected
Enrol others
No learners selected
CPD units Remove selection
$
To be created

Deep dive into settlements: Mandatory rule 6.1 – live webinar

Tuesday, 11 February 2025
 3 CPD Units  Live webinar 
9:00 AM  12:15 PM

 

Hear from legal experts in this live online course about settlementsand earn three CPD units. 

Topics include: 

Should my client accept that offer?: A comprehensive claim valuation methodology, for advising clients when to settle (and when to keep fighting) – Hugh Stowe, Barrister, 5 Wentworth Chambers

A prudent party should settle if (but only if) the value of settlement exceeds the value of litigating. But without a rigorous methodology for quantifying the value of litigating, a party can’t reasonably make that assessment. No such methodology presently exists in general practice. This seminar presents a novel, comprehensive and practical methodology for quantifying the value of litigating and resolving the dilemma: ‘Should my client accept the offer on the table, or reject the offer and litigate?’ It comprises a 3-step valuation process, involving: 

  • First, the probability-weighted valuation of uncertain monetary claims and exposures. 
  • Secondly, adjusting that value by the notionally monetised value of the non-monetary ancillary advantages and disadvantages of litigation (e.g., stress, opportunity cost, reputation damage).  
  • Thirdly, further adjusting that value by the notionally monetised value of risk associated with the litigation.  

The application of the methodology generates valuation outcomes that radically diverge from the typical claim valuation intuitions of both clients and lawyers. The methodology has profound implication for litigation and settlement strategy. 

Ethical scenarios – Linden Barnes, Senior Ethics Solicitor, The Law Society of NSW 

In this session, Linden will review recent issues in ethics around settlements, focusing on:  

  • Avoiding misleading statements.  
  • Managing client expectations. 
  • Understanding your confidentiality obligations.  

The art of the haggle – Laurence Boulle, Director, Independent Mediation Services 

Many negotiations involve a ‘haggle’, predominantly over money. This session examines the haggle from the perspective of clients and representatives, and also from that of interveners such as mediators. It defines its predictable features, considerhow it can be improved and explains what to look for when the haggle becomes sticky. In this session you will learn to: 

  • Prepare for and commence haggle negotiations. 
  • Manage the dynamics of the process. 
  • Respond to tactics and scan for underlying interests. 
  • Link client choices to broader goals and find justifications for outcomes.

Practitioners should inform themselves of Rule 6.1 of the Legal Profession Uniform Continuing Professional Development (Solicitors) Rules 2015 which sets out the requirements for the four (4) mandatory CPD areas for NSW legal practitioners – (a) ethics and professional responsibility; (b) practice management and business skills; (c) professional skills; and (d) substantive law. It is the responsibility of each legal practitioner to self-assess as to whether a particular educational activity extends their knowledge and skills in areas that are relevant to their practice needs or professional development. If so, then the practitioner may claim one (1) "unit” for each hour of attendance, refreshment breaks not included. 


If you self-assess that this particular educational activity extends your knowledge and skills, this program may allow you to claim three (3) of the mandatory areas: (a) ethics and professional responsibility; (b) practice management and business skills; and (c) professional skills.

Hugh Stowe, Barrister, 5 Wentworth Chambers
Linden Barnes, Senior Ethics Solicitor, Law Society of NSW

Laurence Boulle, Director, Independent Mediation Services



3 CPD units

Non-Member $380.00
Member $270.00

Show more

Show/Hide sessions

Course sessions

Deep dive into settlements: Mandatory rule 6.1 – live webinar (78386)

Select Start date End date Room