'Regulation: What Every Practitioner Needs to Know' (Seminar, 3 Regulatory CPD Hours)

'Probate Practice: A
Practical Guide to Recent Developments' (Seminar, 4 General CPD Hours)

Delegates will also receive access to the following two webinars:

‘Solicitors Accounts Regulation’ (Webinar, 1 Regulatory CPD Hour)

'Anti Money Laundering' (Webinar, 1 Regulatory CPD Hour)

Please note, access to the above webinars will be granted once the seminar has taken place.

Any surplus Regulatory Hours may now be counted towards the Management and Professional Development Skills category. 

The CPD Regulations require that every solicitor who is a sole practitioner or a compliance partner and / or anti-money laundering compliance partner now has a CPD
requirement which includes a minimum of three hours regulatory matters at least two of which shall be accounting and anti-money laundering compliance matters.

We have therefore provided delegates with 2 online hours in Solicitors Accounts Regulations and Anti-Money Laundering, as well as attending the seminar(s).

This immersive and practical day of dedicated Central Law Training seminars will cover the following:

‘Regulation Conference: What Every Practitioner Needs to Know’, 9 am – 12.30 pm, 3 Regulatory CPD Hours.

Avoiding Professional Negligence: Tips and Traps
  • What is a Professional?
  • Established legal principles and more recent case law on liability and quantum.
  • What is the applicable standard of care? How is it ascertained? Role of Independent Expert.
  • Undertakings: practice and pitfalls.
  • Statutory Limitation and other delays; third Party Proceedings.
  • Handovers and stale files.
  • Non-communicating clients.
  • Non-paying clients.
  • Conflict of Interest.
  • Acting for Claimant.
  • Acting for Insurer of Defendant Professional.
  • “Standard Practice”.
  • Claims Prevention Tips: Engagement and disengagement letters. Client Communication; Record Keeping; Quality Control.
  • Claim trends, hot spots.
  • Practice tips to include acting for Plaintiffs and Defendants.

Costs and section 150 of the Legal Services Regulation Act, 2015 (LSRA)
Section 150 of the LSRA is expected to come into operation at the end of this year. It significantly increases the responsibility of solicitors to keep their clients updated with accurate information in relation to costs. The legislation goes much further than the previous section 68 and has far- reaching implications for practitioners.
This section of the seminar will provide practitioners with a practical guide to the provisions of the legislation and is designed to alert you to the problems and pitfalls likely to be encountered in this context.
The matters to be addressed include the following:
  • The extent of the obligation under section 150 and consequences of non-compliance.
  • What happens when a solicitor becomes aware of a factor that is likely to make the legal costs incurred significantly greater than those disclosed in the original section 150 notice?
  • Cases Across Practice Areas: Must additional section 150 notices be issued?
  • What are the prescribed headings under which costs information must be furnished?
  • Is a solicitor who provides a client with details of the basis of calculation of the legal costs still under an obligation to disclose the costs which will be incurred?
Period of Suspension of Services after a Section 150 Notice has been Issued to the Client:
  • Does the suspension period just apply to the original section 150 notice or does it also apply to any subsequent section 150 notice?
  • When is a practitioner obliged to provide legal services without a suspension period?
  • Responding to client queries in relation to a section 150 notice.
Extra Responsibilities for Practitioners in relation to Section 150 Notices for Matters Involving Litigation:
  • Must the practitioner provide an outline of the work to be done in respect of each stage of the litigation process and the costs or likely costs or basis of costs involved in each such stage?
  • Solicitors’ obligation to ascertain the likely costs or basis of cost of engaging a practising barrister or expert witness.
  • Is there an obligation to provide this information to the client and obtain the client’s approval to engage an expert and/or Counsel?  Does this include obtaining a section 150 notice from an expert and/or Counsel? 
  • Must the solicitor also provide information in relation to the likely legal and financial consequences of the client’s withdrawal from the litigation and its discontinuance?
  • Should the section 150 notice outline the circumstances in which the client would be likely to be required to pay the costs of one or more parties to the action?
  • Must the notice also provide information as to the circumstances in which it would be likely that the costs of the solicitor would not be fully recovered from the other parties to the litigation?
Other Relevant Matters:
  • Additional responsibilities in relation to section 150 for matters involving instructing a practising barrister.
  • Draft precedent section 150 letters. 

Professional Indemnity Insurance for Solicitors

This presentation will help you to understand:
  • The regulatory framework for Professional Indemnity Insurance.
  • The key features of solicitor’s Professional Indemnity Insurance.
  • The cover available when ceasing practice.
  • Succeeding Practice rules and Phoenix Firms.
  • The interaction between the Client Account and Professional Indemnity Insurance.
  • How to limit liability to the level of the firm’s cover.
  • The requirement to provide aII information to the public and clients.

‘Probate Practice: A Practical Guide to Recent Developments’, 1.30pm – 6.00pm, 4 General CPD hours.

Taxation Issues Arising on Death in the Context of Conveyancing (Michelle Mc Loughlin)
  • Duties of the Legal Personal Representative in relation to the following: Local Property Tax, Non-Principal Private Residence Charge, Household Charge, Certificates of Exemption or Discharge.
  • Dwelling-house Relief.
  • Capital Gains Tax and non-resident vendors: letters of no audit.
  • Capital Acquisitions Tax: Implications of the Finance Act, 2010: the abolition of clearance certificates and the secondary liability of the Legal Personal Representative. What are the Capital Acquisitions Tax implications for a LPR where there are non-resident beneficiaries in the estate? Is the Legal Personal Representative obliged to file a return (Form IT38S) if the non -resident beneficiary is within 80% of their group threshold?Are they obliged to discharge the tax and/or obtain a letter of no audit?
  • Capital Acquisitions Tax in the context of adverse possession applications where there are deaths on title since 1974; form CA12 as required by section 62(2) of the Capital Taxes Consolidation Act, 2003; is it possible to obtain a solicitor’s certificate in the prescribed form as an alternative to the Form CA12?
Dealing with Deaths on Title (John Murphy)
  • Transmissions.
  • Deeds of Assent: which form should you use death testate/intestate.
  • When is it possible to avoid applying for a De Bonis Non-Grant? Can you rely on the decision in Mohan v Roche? What is acceptable to the Property Registration Authority and what are the implications of their direction? What concerns does the Law Society have in relation to gaps in the chain of title in this context?
  • Adverse Possession: Forms 5 and 6: what is acceptable to the Land Registry as proof of death?
  • Proofs for a section 49 application when there are deaths on title.
  • When is an unproven will acceptable to the Land Registry?
  • What proofs are required by the Land Registry when dealing with these applications where there are deaths on title the subject matter of the application?

Administration of Estates Post - Grant (Paula Fallon)
  • Collecting and vesting the assets.
  • Discharging all debts.
  • The correct Order of payment of debts in a solvent estate. The First Schedule Part 2 of the Succession Act 1965
  • Duties of the Legal Personal Representative: to protect and preserve the assets and avoid conflict of interests.
  • Section 56 of the Succession Act: Duty of the Legal Personal Representative to notify the spouse/ civil partner of the Right of Appropriation.
  • Duties of the Legal Personal Representative in relation to the spouse / civil partner: sections 109-115 and sections 120-121 of the Succession Act.
  • Right of election under section 115.
  • Spouse’s shares on intestacy.
A Review of Recent Case Law (Mark Tottenham B.L.)
  • Rippington v Cox and Butler: Costs and the lay litigant
  • Naylor (otherwise Hoare) v Maher: promissory estoppel: How did the court achieve a just result? What are the costs consequences for a plaintiff who succeeds in his primary claim but prolongs the trial by raising unmeritorious claims “not greatly supported by the evidence”?
  • McCormack v Duff: Is a beneficiary who fails to make disclosure to and to co-operate with the executors and who intermeddles and interferes with the assets entitled to his costs from the estate?
  • In the Estate of Peter Clohessy: Surviving Spouses who are Wards; can a Committee of a Ward of Court be granted Administration Pendente Lite in order to claim a legal right share?
  • Gibbons v Addington: The circumstances in which a Personal Representative will be granted an order for possession of property.
  • Trentdale Limited v O Shea: Assents where the Personal Representative is also the sole beneficiary; Was the court prepared to extend the principles in Mohan V Roche to cases involving property which is registered land?
  • Bank of Ireland v. Matthews: Can proceedings be brought against an executor where no grant has been extracted? Can proceedings be brought against an executor de son tort? Accrual of cause of action in relation to a claim for possession of the deceased's dwelling house.