(O16) (Live Presentation VC and Webinar) (RME Elective) Risk Management – Solicitors Advice and Information Professional duty of care

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

Fee: HK$2,350

Highlight :

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.

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Judith Sihombing
(LLB (Melb) and LLM (Malaya), Barrister and Solicitor of the Supreme Court of Victoria and of the High Court of Australia) formerly Associate Profession, Faculty of Law University of Hong Kong, then PSL and Training Manager at Simmons & Simmons (HK office).