- Instructor: Judith Sihombing
Date: 26 October 2023 (Thursday) Time: 2:00pm – 5:45pm Language: English Level: Advanced
Speaker: Judith Sihombing, Adjunct Associate Professor, Faculty of Law, Chinese University of Hong Kong
Lawyer/Trainee Solicitor/Foreign Lawyer Other Professionals’ Elective RME &CPD Points: 4
This seminar discusses the current matters that are changing the traditional professional negligence of a solicitor. These developments mean that the solicitor should ensure that his advice to clients refers o the trends in actions against solicitors
Matters considered include:
- the traditional duty of care, now referred to as the “scope of the duty of care” , requires precision in advice, or information, given to the client; it also requires careful linkage to the purpose of the advice, or perhaps information:
- recognition of the differences between advice v information:
- details of how 1932 negligence is now dealt with in 2023: what are the elements of negligence? what is the new language of negligence? do recent decisions change the basic principles:
- consideration of the manner in which the Courts deal in 2023 of negligence by other professionals, for example accountants, medicos: for these professionals it would seem that the standard of care is kept within limited bounds:
- linkage also to general discussions on the nature of assets or concepts including their classification in the various areas of law;
- the ambit of the solicitor’s duty in light of a. the solicitor in the traditional partnership:b. the traditional role of a solicitor as an officer of the Court: the role of a solicitor in newer forms of law firms, including speculation of how incorporation brings new obligations and duties: and
- the linkage ,in advising on negligence, to confidentiality (and the solicitor’s duties here) and to possible legal professional privilege (again the solicitor’s role)”.
Remark: All eligible lawyers including partners, sole proprietor, consultants, assistant solicitors, foreign lawyers and trainees should take at least 3 Elective RME points each year. All solicitors can have 4 CPD points per seminar. However, we will give the priority to all eligible solicitors in obtaining elective RME points and CPD points.