Lawyers are getting better at doing their jobs if claims made against Victorian solicitors are anything to go by.
The Legal Practitioners’ Liability Committee (LPLC) – which provides professional indemnity insurance for the state’s solicitors and barristers – has recorded the lowest level of claims against lawyers since 2001. The cost of claims for 2006-07 was also the smallest in four years.
The low number of claims can be attributed to more professional development for practitioners, a strong economy, a decrease in personal injury work and better risk management. Apart from handling claims against lawyers, the LPLC also provides a risk management program aimed at reducing the risk of claims arising.
Every lawyer must hold professional indemnity insurance. This means that if your lawyer makes a mistake and gives incorrect legal advice or fails to give legal advice where legal advice is required, you can seek redress.
According to the LPLC’s report, 2006-07: How did we fare?, 484 claims were made in 2006-07, worth about $30.5 million. Commercial law accounted for 40 per cent, or $12.2 million of the claims, while conveyancing issues saw $5 million spent and commercial litigation $3.4 million. Claims in the personal injury area were down in number, representing only $2.2 million of the total.
Mortgage claims have more than doubled in cost over the past three years to $4 million with lack of security and forged mortgages the most expensive problems, followed by failure or delays in lodging mortgages and caveats.
The skills of Victoria ’s lawyers were also highlighted at the Law Institute of Victoria’s annual awards luncheon in November last year. The state’s top lawyers in 2006-07 were acknowledged for their work in improving the law, helping individuals and minority groups and making a difference in their communities.
The heroism of 43-year-old property lawyer, Brendan Keilar, who was fatally shot in June last year while going to the aid of a young woman in Melbourne’s CBD, was recognised with a posthumous award presented by then Law Institute of Victoria president Geoff Provis.
Other lawyers in the spotlight included immigration lawyer Erskine Rodan, who was made a life member of the Law Institute of Victoria in recognition of his work during 28 years of practice. He also received the Paul Baker Award for his contribution to human rights law.
Mr Rodan was instrumental in establishing immigration law as a specialist practice area, and has built one of Australia ’s leading immigration legal practices, Erskine Rodan & Associates, over the past two decades.
He was also involved in setting up a community legal centre in Melbourne ’s eastern suburbs, helped forge partnerships between legal and non-legal organisations, pioneered the use of bonds for shoplifters instead of fines and backed the introduction of duty solicitors and women’s refuges.
Award winners included first-year Blake Dawson lawyer Cecilia Riebl for excellence in providing pro bono assistance to marginalised and disadvantaged clients, retired Glezer Lanteri & Associates lawyer Annemaree Lanteri for her work as a family law lecturer and tutor at the University of Melbourne, PILCH Homeless Persons’ Legal Clinic executive director Kristen Hilton for her management of more than 150 pro bono lawyers to almost 500 homeless people each year and Victorian Government Solicitor’s Office commercial and property branch manager Sue Nolen for her work in government procurement and outsourcing.
Other award winners included TressCox Lawyers litigation partner Jason Newman for his legal ethics work, retired Deakin University solicitor Judith Meagher and Hunt & Hunt partner Nieva Connell for her pro bono work in an ongoing Freedom of Information appeal for Heather Osland against the Victorian government.
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From the LIV Bookshop
Inside Lawyers’ Ethics by C Parker & A Evans, $70
