ByLawyers News and Updates

Using By Lawyers precedents

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The precedents have been designed to be used within the LEAP legal software environment, with matter details automatically filling fields in precedents.

Without the automation this can mean a precedent will sometimes look a little odd, with spaces replacing matter details.

We strongly recommend that users consider the first two items in the index which are:

  • Show fields in the precedents Alt +F9;
  • Reveal the fields in a precedent with shading.

Note: All instructions are based on Word 2007 unless otherwise noted. Click on any image to view better. 

Show fields in the precedent

Alt+F9 shows any fields within a precedent.Show fields in the precedent

Assuming field shading has been turned on:

Without Alt + F9

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With Alt+F9

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By way of background, here is the same letter as it would appear when opened in LEAP, with matter details automatically populating the precedent:

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And the same letter in LEAP with the LEAP field codes that populate the letter visible (Alt+F9):

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Reveal the fields in a precedent with shading

Form field shading shows a user where to insert information by shading the form text fields – for instance, {FORMTEXT}.

Field shading reveals additional field information to assist the user to insert relevant information – see the highlighted text below:

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Below is a precedent with no field shading or field codes displayed:

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Turn on form field shading 

To easily access form field shading, add it to the Quick Access Toolbar (top left corner of Word). Select More Commands on the Customise Quick Access Toolbar drop down menu:

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From the Choose commands from dropdown box, select All Commands. Select Show Field Shading and Add to the right panel.

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This method can be used to add any of the Word functions to the Quick Access Toolbar.

Turn on field shading

  1. Click the Office button in the top left-hand corner. Click Word Options at the bottom. (For Word 2013 go to File > Options.)
  2. Click Advanced on the left.
  3. Go to Show document content.
  4. Under Field Shading select Always.

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Insert a line under a heading

To inset a heading line under a new heading, create the new heading with the desired list formatting applied and place the curser directly underneath the heading. Use the border button on the Home ribbon to select the top border by clicking on it once.

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Insert a new clause

To insert a clause select and copy the clause above, along with its heading, and paste it into the white space between existing clauses. This will bring with it the style applied to the clause and any associated numbering or bullets. Then simply change the heading and the content of the clause.

If pasting content from an external source such as another word document or an internet page, select ‘paste special’ from the home ribbon or menu (or Alt+Ctrl+V) and then ‘unformatted text’.

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Do not attempt to insert a new paragraph by placing the cursor at the beginning of a heading and entering down. This will apply the formatting belonging to the heading (line, spacing and bold) to the text in the clause.

Remove unwanted lines above or below a paragraph

If there are unwanted lines appearing above or below a paragraph, place the cursor above or below the affected lines and use the border button on the Home ribbon to unselect any applied borders by clicking on them once. It may be necessary to repeat this step more than once depending on the number of border lines appearing.

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Formatting marks – The pilcrow – SHOW/HIDE

The pilcrow – found on the Home ribbon – shows paragraphs and other hidden formatting symbols such as spaces, tab marks, page and section breaks.

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To control what formatting marks are shown:

  1. Click the Office button in the top left-hand corner. Click Word Options at the bottom. (For Word 2013 go to File > Options.)
  2. Select Display.
  3. Select which marks should be displayed under Always show these formatting marks on the screen.

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Headers and footers

To control what formatting marks are shown:

  1. Click the Office button in the top left-hand corner. Click Word Options at the bottom. (For Word 2013 go to File > Options.)
  2. Select Display.
  3. Select which marks should be displayed under Always show these formatting marks on the screen.

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Accessed from the Insert ribbon:

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What you do with headers and footers depends on your preference. You can:

  1. Choose from many predefined formats.
  2. Make the first page different from the rest.
  3. Make the header or footer different in each section.
  4. Edit the contents.
  5. Insert a page number.
  6. Insert the document title.
  7. Insert the date.
  8. Remove them.

Double-click in the top or bottom margin to instantly access headers and footers

and the Design ribbon.

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The obvious choices are visible.

  1. Predefined formats are accessed from the Header and Footer
  2. Page Number contains the location and format options.
  3. Date & Time contains the various formats.
  4. Quick Parts is for the advanced user.
  5. Picture and Clip Art insert images.
  6. The rest are all related to movement between and the relationship between the headers and footers on each page.

Points to consider for headers and footers

  • The usual formatting applies in the headers and footers e.g. alignment, font size, colour.
  • They show faintly and print in normal resolution.
  • Good for text to stay put out of the way and for repeated text.

Keep text or paragraphs together

  • Use Keep with next to keep a heading attached to a paragraph.
  • Use Keep lines together to ensure a paragraph does not go across the page.
  • Use Widow/orphan control to stop the first line of a paragraph appearing at the bottom of a page (orphan) or the last of a paragraph from appearing at the top of a page (widow). It is on my default.

To control placement of page breaks:

  1. Select the paragraphs you want to adjust.
  2. On the Home ribbon clickParagraph, and then click the Line and Paragraph Breaks
  3. Then check the appropriate box. Note: Window/orphan control is checked by default.

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Note: If either Keep with next or Keep lines together is checked, a black square will appear in the left margin.

Moving through a form

Lawyers use many forms in the day to day running of their matters. It is useful to understand how to easily navigate through them.

Most forms

Most forms which have fields embedded within them can be navigated electronically using the F11 key or the Tab key – virtually ‘hopping’ from one field to the next. The reverse direction is achieved by using the Shift key:  Shift+F11

If you want to hard text a field’s entry in a form or precedent you select the field and press Ctrl+Shift+F9 altogether.

Locked forms

There are some forms which are ‘locked’ by the issuer eg the NSW real property lease form. The issuer locks these forms so that the layout and form wording is maintained.

To navigate through these forms use the Tab key.

The reverse direction is achieved by using the Shift key: Shift+Tab.

Check a box

To check a box with your keyboard use the Spacebar.

Table of contents – update

If any headings have been added or removed, the table of contents will need to be updated:

  1. Click anywhere within the table of contents to show the Update table
  2. Select Update entire table > OK.

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Never amend the name of headings within the table of contents page. Make the change to the heading where it appears within the document and then update the table of contents as per above.

Laughable laws

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To celebrate National Law Week we thought it might be interesting to take a look at some of the more interesting, absurd and very real laws in existence around the world. While many of the so-called ‘crazy’ laws that are commonly published in books and on internet sites are actually fictional products of myths and urban legends, there are many fascinating examples of real cases and laws that are worth hunting out. As Nathan Belofsky, author of ‘The Book of Strange and Curious Legal Oddities’ skilfully argues, these laws offer unique insights into human history, behaviour and culture. Strange laws also offer an interesting perspective on the legal proceedings that gave rise to them.

  1. In 2013, Russia passed a bill backed by Vladimir Putin which made it illegal to tell kids that gay people exist, with penalties including fines and jail time.
  2. In Thailand it is illegal to step on money, as the currency carries the image of the king.
  3. In Britain it is illegal to handle a salmon in suspicious circumstances.

fish

  1. In Britain, it is illegal to import potatoes into England or Wales if you have reasonable cause to believe that they are Polish.
  2. The only two states where divorce is illegal are the Philippines and The Vatican.
  3. In parts of India, a man who is in debt can offer up his wife until the debt is paid.
  4. In France, in certain circumstances it is legal to marry a dead person.
  5. In Britain, it is illegal to carry a plank along the pavement.
  6. In Britain it is illegal to operate a cow while intoxicated.
  7. In Britain it is also against the law to die in the Houses of Parliament.
  8. In Victoria, Australia, it is illegal to change a light bulb unless you’re a licensed electrician.
  9. In New Jersey, USA, it is illegal to wear a bullet-proof vest while committing a murder.
  10. In Massachusetts, USA, Candy may not contain greater than 1% alcohol.

And the best for last:

  1. In July 2013 a law was passed in China that states it is illegal for adult children to not visit their parents “often”.
  2. In Samoa it is illegal to forget your wife’s birthday.
  3. In China, it is a law that a person must be intelligent to go to college.
  4. In Hong Kong, there’s a law that allows a wife to kill her husband if she finds him cheating. However, she must kill him with her bare hands.

Cooling off

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By Russell Cocks, Solicitor

First published in the Law Institute Journal

An estate agent is not an agent for the purpose of receiving a cooling off notice.

Tan v Russell [2016] VSC 93 will come as a surprise to most property lawyers. It concluded that the vendor’s estate agent is NOT an agent for the purposes of receiving a cooling off notice pursuant to s 31 Sale of Land Act.

The right to cool off from a residential contract is a statutory right created in 1982. It is reflective of the Age of the Consumer that has prevailed since the Trade Practices Act of the 1970s and is a watershed in the transition from caveat emptor and caveat vendor. It says to a purchaser ‘beware, or at least think about your decision quickly’. Consumer protection legislation is generally interpreted in such a way as to protect the consumer, but this case has taken what might be described as a literal view and has relied on authority, certainly High authority, but authority that is from a different age – the white picket fence view of the 1950s.

Section 31 Sale of Land Act permits service of the cooling off notice on ‘the vendor or his agent’. The purchaser served the notice by email on the vendor’s estate agent named in the contract, being the estate agent who had been negotiating with the purchaser on behalf of the vendor. The vendor argued that the estate agent was not an ‘agent’ within the meaning of s 31.

Peterson v Maloney [1951] HCA 57 was cited as authority for the proposition that an estate agent’s authority is limited to finding a buyer and, in the absence of specific authority, does not extend to an ability to bind the vendor. In short; an estate agent is NOT an agent in the common law sense of agency. This, and similar cases were concerned with the actions of the estate agent and whether the vendor was bound by those actions. However the role of the estate agent in the cooling off scenario is not to take action that might bind the vendor but rather to be a recipient of a notice, a conduit to the vendor. Hence it is possible to distinguish such cases as there is no need to find that the vendor’s estate agent in the cooling off scenario needs to do anything on behalf of the vendor, it just needs to receive the notice and, presumably, bring that notice to the attention of the vendor.

Even if the estate agent is not an agent in the strict common law sense, the purchaser argued that s 31 established a statutory agency whereby the vendor’s estate agent was authorised to receive delivery of the cooling off notice. This argument was rejected on the basis that the Act referred to estate agents in other sections and so could have, but did not, refer to the estate agent in this provision. To do so would have required s 31 to read ‘the vendor, his agent or his estate agent’ which, with respect, would appear to most readers to be a tautology. Again, rejection of this argument appeared to focus on the potential for action by the estate agent affecting the rights of the vendor, whereas it is the action of the purchaser in serving the cooling off notice which affects the vendor, not the passive receipt of that notice by the agent.

The purchaser had three days to act. There was no address for the vendor in the contract. There was a conveyancer listed but perhaps the same argument would apply to the conveyancer. This makes a nonsense of the section. With respect, the decision is wrong.

The REIV authority is being amended. The LIV contract will be amended. In the meantime, exercise care when cooling off.

Tip Box

  • Cooling off notices cannot be served on estate agents
  • Whilst written for Victoria this article has interest and relevance for practitioners in all states

FAQs – By Lawyers Contract for the Sale of Land NSW

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By Lawyers introduced a new contract for the sale of land for New South Wales earlier this year and have hosted a number of informational webinars about it for solicitors and conveyancers. Those webinars raised a number of questions which we have published here.

If you have any questions not covered here, please email us at askus@bylawyers.com.au.

2016 edition of the contract was released in May.

General FAQs

Q: Can this contract be used in practice now?

Yes, and its use continues to grow as practitioners become aware of its existence and benefits.

 Q: Given it is alternative to Law Society Contract for Sale, what if the purchaser’s solicitor/conveyancer refuses to use this version?

There is no prescribed contract for the sale of land.

It is for the vendor to decide the contract not the purchaser and it is not for the practitioner acting for the purchaser to jeopardise the transaction due to his personal preferences.

The Law Society contract is not the only one used. Several major firms use their own contract. The Barangaroo contract is an example which we understand has also adopted electronic execution to cater for the Chinese market.

Q: Is this contract available in LEAP Documents if we haven’t changed to LEAP Conveyancer yet?

Yes.

Q: Will LEAP take away access to the Law Society contract at any time?

Most unlikely. This is a matter for LEAP.

Q: Is there a time frame suggested that all parties should move to use the 2015 contract or Law Society contract rather than 2005?

We understand that the Law Society will cease providing 2005 contracts in January. You will need to confirm with them.  The By Lawyers contract is immediately available.

Q: Does the contract include the standard conditions from the law society as well (blue pages)?

No. This contract is a new contract quite separate from the Law Society contract.

Q: Can this contract be used for sale/purchase of properties in Queensland? 

No.

 

FAQ – Email and exchange questions

Q: Even if you do the exchange via email, can’t you still just mail out the contracts to the other side to “formally” complete the exchange and so you are holding the original signed Contracts…

This is a misunderstanding of the process. The exchange takes place when the vendor’s signed contract is emailed back to the purchaser. That emailed contract is the original and the one actually signed and retained in the office is a copy of the electronic original.

Q: If the contracts are exchanged via email do you still send the original paper contract to the other side?

No. The original is the electronic contract.

Q: If part of an exchange is ensuring that the contracts are identical, how is that carried out if they are emailed as part of the exchange and not physically checked in-house?

The purchaser’s electronic contract is checked against the vendor’s before returning the counterpart which can also readily be checked by the purchaser if they wish.

Q: When sending a contract by email on behalf of the purchaser, do you date it before sending and the vendor’s representative dates it when returned?

If the contract is to be exchanged the day that you send it then date it before you scan and send it. The vendor will do likewise. If the exchange may be on another unknown day then send it undated and the vendors copy returned to you will be dated that day and that is the date of exchange. The vendor may print and date the purchaser’s print version if he so chooses.

Q: Further to question about what date to list on contact for electronic exchange, do we list the cooling off date from date vendor send back signed copy?

Exchange is effected on email delivery to the purchaser’s solicitor which is the start of the cooling off period.

Q: What about when the agent does the exchange and it is incorrect, i.e. things which have been agreed between the parties have not been changed in the contract prior to exchange. Do we email a subsequent amended contract? Normally after exchange there are no changes.

The usual rules apply that any changes must be agreed and included in writing in the contract or in a separate document referred to in and supplemental to the contract.

Q: Is there a facility to electronically amend the document to add the date of exchange to the contract signed by the purchaser?

If that was considered necessary then it is printed dated and scanned in.

 

FAQ – Deposits

Q: Normally a deposit is released only if the vendor is purchasing a property; however it appears this contract allows it for any reason, what is the background for this?

Because it can be difficult to recover the deposit paid in a second transaction to which the purchaser is not a party it is not uncommon for such a request to be met by the response – get a deposit bond.

Sometimes the vendor is in need of cash urgently and the deposit is released to secure a price reduction.

As there are many reasons for release it is considered best left to the parties to negotiate.

The important part of the condition is the creation of a charge on the property securing repayment if it is released.

It is worth noting that the deposit release clause, like some other clauses in the terms and conditions, is activated by checking a box in the summary.

Q: With reduced deposits, are you suggesting or recommending that if the vendor will accept a 5% deposit, you just show that as the amount on the front page, rather than 10% and have a special condition dealing with a claw back in the event of default?

Yes. We doubt that a court will see a payment made after the exchange as an earnest for the transaction. There are a number of cases on this issue.

Q: If the release of deposit is ticked, can the deposit be released for any reason? Normally it’s only released for the purchase of another property.

Once the release of the deposit has been negotiated then all that is required is to tick the box which triggers condition 3 (c) in part 2 of the contract. If you wish to add any other conditions to the release then it would be necessary to draft a condition for inclusion as a special condition on page 4 of part 1.

 

FAQ – stamping questions

Q: Can you tell us again what the Office of State Revenue attitude will be to PDF documents.

OSR are well acquainted with stamping documents signed electronically. When sending it to them simply state that it is an original electronic contract.

Q:  If you have a provider who stamps can they stamp a PDF?

Yes.

Q:  You say the PDF exchanged copy becomes the original. For the purpose of stamping, can this be printed and the stamp applied to the printed version?

Yes.

Q: To stamp contract in house under EDR do we just need to print the PDF original and stamp it?

There is little point in doing so as long as the electronically stored contract is available if required by OSR.

Q: You mentioned the OSR requiring the original document for stamping. So how do we deal with that when contracts are exchanged electronically?

The OSR stamps a print version of the original electronic contract.

 

FAQ – Warranties, inclusions, and conditions

Q: What happens if you do not have a survey and have no way of knowing if there is encroachments on the property? One of the warranties appeared to warrant that there was no encroachments, from memory.

This is normally the subject of a special condition which is now included as a warranty in the contract. If the vendor knows of an encroachment and discloses it then the purchaser must accept it. If the purchaser does not get a survey then caveat emptor. If the purchase gets a survey after exchange showing an encroachment other than fencing then the purchaser may rescind the contract provided it is a material breach not known to the purchaser and the purchaser would not have purchased the property had he known of the encroachment and the vendor fails to remedy the encroachment.

Q: There is not much room for additional inclusions, I suppose we would have to have an annexure?

The space expands as words are added.

Q: If we want to amend some of these conditions for example insert a specific interest rate, how do we do that?

Type in the special condition or annex one. See page 5 of the summary.

Q: What about swimming pool clause regarding non-compliance SPA 1992 and Local Government Act and Regulations disclosure and purchaser taking as is and P not entitled to requisitions, objection, etc.?

See the warranties both statutory (reproduced in the summary) and contractual (clause 6). See clause 19(f) for taking as is.

Q: Off Plan Contracts form large part of our work and yet there is no section in LEAP conveyancing precedents or 2015 contract deals with off plan. What our options in this regard?

Within the library of special conditions are precedents for real property subdivision and strata development.

 

Can I copy the contract?

Q: Are we able to copy the contract without affecting the copyright provisions?

The contract is available as one of our precedents to those that use LEAP Conveyancer or subscribe to our Conveyancing Guide through our website.

Q: You said anyone can use the contract and that there is no breach of copyright. Does this apply whether or not you are a LEAP subscriber?

No. you must be using LEAP or have subscribed to our publication. Apologies for any misunderstanding.

 

 

 

 

Using By Lawyers Precedents within LEAP

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Accessing Precedents

  • Open any Matter.
  • Click the ‘Guides & Precedents’ button at the top of the Matter.

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Searching Precedents 

  • If you cannot find the precedent you need, click the ‘Search’ tab and type in the precedent name in the top left hand corner of the screen and click the Search searchbutton.

Creating Precedents

You can create new Precedents or modify the ones already in LEAP.

Need help modifying a precedent? LEAP Certified Consultants specialise in making advanced changes to precedents. Click here to find a consultant.

Note : All precedents are based on Document Types. If you wish to modify any information on a precedent such as an address, letterhead, signature refer to the section on “Document Types”.

To create your own precedents:

  • Open the matter type you wish to create the precedent in e.g. Letter to Vendor Regarding Signing of Contract, open a Sale matter.
  • Click on the ‘Guides & Precedents’ button at the top of the matter.
  • Right click anywhere on the screen and click New > Word or Excel Precedent.
Note: You can also create precedents in the folders available by double clicking on the folder and then right clicking and selecting New > Word or Excel Precedent.
  • Select the template you wish to use and then select the recipient of the template. Click ‘OK’.
  • Enter the contents of your precedent where the body bookmark is placed, i.e Below the “RE” line and above “Yours Faithfully”.

Inserting Fields

Fields can be inserted into your precedent to make it automated.

  • Have the precedent open in Word
  • Click the LEAP tab
  • Select the editing button, then click insert.  A list of fields will appear on the right hand side of the screen.
Note: The only place you can enter text is where the Body bookmark is located. Any other text will be overridden by the document template. For more information on locating the Body Bookmark, refer to the section above.
  • Make sure your cursor is in the correct location on the precedent.
  • Select the appropriate section where the field is located. For example, If you need the completion date, select ‘Matter’.
  • Select the appropriate field from the list E.g. ‘Completion/Settlement Date’.
  • Click ‘insert’ at the bottom right hand corner of the screen.
Note: The field you are looking for may also be a hidden field. Click the ‘Show hidden fields’ box and the bottom of the screen to view them.
  • Continue inserting fields in the appropriate locations on your precedent.
Note: To view the field name, right click on the field that has been inserted into the document and select “Toggle field codes”.
  • Once you have completed your precedent. Click ‘Save & Close’ in the top left hand corner of word.
  • Rename your precedent and click ok.

The precedent will now be available in all matters of the same matter type.

Modifying Precedents

To modify an existing precedent:

  1. Click once on the ‘Guides and Precedents’ button at the top of your matter.
  2. Locate the precedent you wish to amend.
  3. Right click on the precedent you wish to modify and then select ‘Modify Precedent’.

Your precedent will open in Microsoft Word allowing you to make any necessary amendments within the letter.

Importing a Precedent

You can also import precedents into LEAP that are saved on your computer. Make sure you open a matter that corresponds with the matter type that the precedent is for, then click the ‘Guides & Precedents’ button at the top of the matter. Simply right click on the screen and select ‘Import Precedent’.

You will be presented with a navigation screen. Navigate to where your precedent is saved on your computer and double click the precedent. This will import it to the location that you have opened in LEAP. You can then modify the precedent to add in fields.

Move, Shortcut or Duplicate Precedents

Move Precedents

There are two ways to move a precedent. Either right click on the precedent to cut and paste or follow the drag and drop method described below.

  • Open any Matter
  • Select the ‘Guides & Precedents’ button
  • Expand the folders on the left hand side of the window so that the folder that the precedent will be moved to is displayed
  • Locate the precedent to be moved
  • Click on the precedent so it is highlighted
  • Drag and drop the precedent into the correct folder.

Precedent folders can also be dragged and dropped into other precedent folders.

If a precedent has been moved and needs to be returned to it original location, right click on the precedent and select ‘Reset Precedent’s Location to Original’.

Shortcut Precedents

A shortcut creates a link to an original precedent. Shortcuts are useful when the same precedent is required in two different locations.

Using a shortcut instead of duplicating a precedent means that only one precedent needs to be updated and maintained.

To shortcut the precedent:

  • Open any Matter
  • Select the ‘Guides & Precedents’ button
  • Locate the precedent that you need a link to
  • Right click on the precedent and select ‘Create Shortcut’

The shortcut to the precedent will appear. A shortcut can be identified as it contains the shortcuticon.  If required, the shortcut can then be moved to a new location.

Shortcuts can also be created from a precedent folder. Removing a precedent from the original folder will also remove the precedent from the shortcut folder and vise versa.

To locate the original precedent or precedent folder from a shortcut, right click on the shortcut and select ‘Find Target Precedent/Folder’.

Duplicate Precedents

Duplicating creates an exact copy of the precedent, but does not contain a link back to the original document. This is useful when you want to create a new precedent based on an existing document.

Once a precedent is duplicated, any changes to the original document will not flow through to the duplicated version.

There are two ways to duplicate a precedent. Either right click on the precedent to copy and paste, or follow the method described below.

To duplicate a precedent:

  • Open any Matter
  • Select the ‘Guides & Precedents’ button
  • Locate the precedent that you need to duplicate
  • Right click on the precedent and select ‘Duplicate Precedent’

Another version of the precedent will appear and if required, can be moved to a new location.

Precedent Folders

Folders can be added to the ‘Guides & Precedents’ window. This allows users to customise the Guides & Precedents interface. It also allows user Precedents to be separated from LEAP Precedents.

Creating new Precedent Folders

  • Open the type of matter which you would like to add a folder.
  • Select the ‘Guides & Precedents’ button
  • Right-click on an empty space in the Precedent window
  • Select New > Folder
  • Name the new folder

Folders can also be created within other folders:

Deleting a Folder

  • Open the type of matter which contains the folder.
  • Select the ‘Guides & Precedents’ button
  • Locate the folder
  • Right click on the folder to be deleted
  • Click ‘Delete’

Reversing a Folder Deletion

  • Open the type of matter which contains the folder.
  • Select the ‘Guides & Precedents’ button
  • If known, find the location the folder was deleted from
  • Select ‘Tools’
  • Click on ‘View Deleted Precedents’
  • Right click on the folder you would like to retrieve
  • Select ‘Undelete’
  • To hide deleted folders, click on ‘Tools’ and deselect ‘View Deleted Precedents’.

Precedent History

The history of a precedent is recorded to allow you to monitor what version of the precedent you are using and to revert back to a previous version if required.

  • Follow the instructions at the top of the page under “Accessing Precedents” to locate the document.
  • Right-click on the precedent and select “History of Changes”

From this window, you will be able to see how many changes have been made to the precedent and when they were made. You can also use the buttons at the top to preview a certain version of the document, compare two versions or set a particular version as the current one.

Adding a Christmas Message to LEAP

This article demonstrates how to add a Christmas message to your correspondence.

Before modifying the document types you need to have your firms Christmas Message ready. An example is shown below:

Adding the Christmas message to the LEAP

To edit the document types in LEAP:

  • Open a matter.
  • Click the ‘More Types’ button at the top of the matter
  • You will be presented with a list of document types. Right click on ‘Letter’ and then click ‘Edit’. This will open the document in edit mode where you are able to insert your Christmas Message.
  • Once you have added your Christmas Message to the document, click the LEAP ‘Save & Close’ button in Microsoft Office Word.
  • Continue on editing any other document types you wish to use. E.g. Fax, File Note etc. These changes will go through to all precedents that use these document types.

Removing the Christmas message from the LEAP

When the Christmas period is over and the New Year has started, we will need to remove the Christmas message from the document types.  Please do the following:

  • Open a matter.
  • Click the ‘More’ button at the top of the matter.
  • You will be presented with a list of document types. Right click on ‘Letter’ and then click ‘History of Changes’. This will open the History of changes window.
  • In the History of changes window, select the document that was being used before the Christmas Message was added and hit ‘Set as Current’.

External Precedents Folder

The ‘External Precedents Folder’ functionality allows your firm to maintain and keep your precedents locally on your machine or a networked location outside of LEAP. The selected folder will appear in the ‘Guides & Precedents’ window under the ‘External Precedents Folder’ tab. This eliminates the need to manually import your precedents into LEAP every time.

To set an ‘External Precedents Folder’:

  • Open ‘Guides & Precedents’ in a Matter.
  • Select the ‘External Precedents Folder’ tab.
  • Click ‘Select Folder’.

Select the folder you want to display your local or networked precedents from. All folders and documents from within the selected folder will appear in the ‘Guides & Precedents’ window under the folder tree structure on the ‘External Precedents Folder’ tab.

If documents are added to the file structure, the ‘External Precedents Folder’ can be refreshed via the right-click menus ‘Refresh List’ option. You can also open the target location of any file via the right-click menus ‘Show in File Explorer’ option.

An external folder can be deselected by choosing ‘Deselect Current Folder’ from the options menu.

Custom Precedents Tab

Custom precedents can be viewed from a single tab in the ‘Guides & Precedents’ window. This can be enabled by selecting ‘Show Custom Precedents Tab’ from the options menu.

The ‘Custom Precedents’ tab will appear after the Search tab, listing every custom precedent created by the firm.

Inserting Fields

Fields can be inserted into your precedent to make it automated.

  • Have the precedent open in Word.
  • Click the LEAP tab.
  • Select the editing button, then click insert.  A list of fields will appear on the right hand side of the screen.
Note: The only place you can enter text is where the Body bookmark is located. Any other text will be overridden by the document template. For more information on locating the Body Bookmark, refer to the section above.
  • Make sure your cursor is in the correct location on the precedent.
  • Select the appropriate section where the field is located. For example, If you need the completion date, select ‘Matter’.
  • Select the appropriate field from the list E.g. ‘Completion/Settlement Date’.
  • Click ‘insert’ at the bottom right hand corner of the screen.
Note: The field you are looking for may also be a hidden field. Click the ‘Show hidden fields’ box and the bottom of the screen to view them.
  • Continue inserting fields in the appropriate locations on your precedent.
Note: To view the field name, right click on the field that has been inserted into the document and select “Toggle field codes”.
  • Once you have completed your precedent. Click ‘Save & Close’ in the top left hand corner of word.
  • Rename your precedent and click “OK”.

The precedent will now be available in all matters of the same matter type.

Converting Fields to Text 

When generating a document in LEAP, all of your client information is merged onto that document using ‘Field Codes’.

The advantage of this is that when you make a change to your matter in LEAP, those changes will carry over to the document, either when it is re-generated or when you click the ‘Update’ button at the top of Microsoft Word.

If you want to make a change to a particular document without that field being updated when a change takes place, you can convert that field to text and enter the desired information directly into the document.

To do this:

  • Open the desired document
  • Highlight the field you want to convert to text. If you are unsure if the highlighted text is a field, press Alt + F9 to view the field code.
  • Once the field is highlighted, select ‘Convert Fields to Text’ from the ‘Advanced Functions’ toolbar.

The converted field will no longer update when information is changed in LEAP for this document only. If you create a new document, it will still pull the relevant information from the Matter.

Customising Fields 

You can add custom ‘Ask’, ‘Fillin’ and ‘If Then Else’ fields into your documents that will appear when you open it.

Note: As customisation of fields can become quite complex, the guide below is for simple fields only. If you require advanced customisation of your documents, please refer to a LEAP Certified Consultant. 

Ask Fields

An ‘Ask’ field will ask one question upon opening the document that can be filled into multiple locations. For example, if you want your name to appear at three different points on the document, it will ask ‘What is your name’ upon opening and the answer will be filled into all three locations.

To do this:

  • Open the desired document.
  • Click ‘Editing’ on the LEAP toolbar, then ‘Insert’.
  • Click on th ‘Ask’ tab.
  • In the ‘Bookmark’ field, type the name of the bookmark, this is for your reference only.
  • Type the question into the ‘Prompt’ field and then the ‘Default Answer’ underneath.
  • Click above the section that you want to insert your answer, then click ‘Insert’ to place it into the document. An example dialogue box will open to show you how this will look.
NOTE: You will not see anything appear in the document at this point, but it MUST be above the section where you want your answers to go.
  • Go to the ‘Ask Result’ tab and click where you want your answers displayed on the document. Click ‘Insert’ to place the answer. The ‘Default Answer’ will be displayed as a placeholder.

Fillin Fields 

A ‘Fillin Field’ works similarly to an ‘Ask’ field but is only useful when the answer is to be displayed at one point in the document.

To do this:

  • Open the desired document.
  • Click ‘Editing’ on the LEAP toolbar, then ‘Insert’.
  • Click on the ‘Fillin’ tab.
  • Fill out the ‘Prompt’ and ‘Default Answer’ field, then click ‘Insert’ to place the answer into the document.

If Then Else Fields

An ‘If Then Else’ statement will display information on a conditional basis.

To do this:

  • Open the desired document.
  • Click ‘Editing’ on the LEAP toolbar, then ‘Insert’.
  • Click on the ‘If..Then..Else’ tab
  • You can choose to make the ‘Field’, ‘Fillin’ or ‘Ask’ field the comparable field. We’ll use ‘Field’ for this example.
  • Next, choose the field by clicking ‘Select’.
  • Fill out ‘Step 2’ with the comparison. You can choose a different comparison type by clicking on the drop down menu.
  • Next, select the values for ‘True’ and ‘False’
  • Click ‘Insert’ when completed to put it into the document.

In this example, if the matter field ‘Person Responsible Initials’ is equal to ‘MH’, it will display ‘True. If it is anything else, it will display ‘False’.

Beware the trap of the disgruntled employee – Part 1

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By Brad Petley

Principal of Acumen Lawyers, and the By Lawyers employment law specialist.

It’s a familiar situation – an employee who pushes their manager’s buttons.

Challenging and questioning rather than simply getting on with things – ‘like the others do’. Disgruntled employees with unresolved workplace issues can be difficult to manage. Some employers adopt a ‘put up with it or there’s the door’ position. Yet, managing a disgruntled employee is not as easy as that.

Traps abound for the unwary – as today’s article, in Part 1 of our series, shows.

Case 1 – How not to handle a workplace dispute

Luckman v HP Bowral Pty Ltd T/A Highlands Property [2016] FWC 1250 (3 March 2016)

Ms Luckman worked in a permanent part time capacity for a property management company.

Her role involved managing a portfolio of properties, including sales and leasing.

Two disputes arose during Ms Luckman’s employment.

First Dispute

The first dispute arose when Ms Luckman considered that she had a full-time workload although she was working in a part-time capacity, based on the amount of properties she was expected to manage.

The dispute was resolved after Ms Luckman raised issue with her manager.

Second Dispute

The second dispute arose over a management decision that Ms Luckman would be managing two new properties in addition to her normal duties.

Ms Luckman was advised of the decision on 13 August 2015.

Ms Luckman objected to management’s decision on the basis that although she would be burdened with the responsibility for managing the properties, she would be effectively denied the associated sales commissions because each sale would occur during hours when she was not at work.

Later that day, Ms Luckman was invited to a meeting with the employer’s General Manager, Mr Walker.

Meeting – 13 August 2015

During the meeting Mr Walker explained the reasons for the decision and advised that he did not consider the transfer of work to her as unusual or uncommon.

Ms Luckman disagreed with Mr Walker’s explanation and at the conclusion of the meeting made comments along the lines of “I’m done, I’m over it, I’m out of here.”

Email exchange

After returning to her desk, Ms Luckman sent Mr Walker an email which included the following:

“Further to our meeting today as I feel there is nothing more to discuss it would be appreciated if the files could now be handed over so I can continue the management of those properties.”

Mr Walker responded by email which included the following:

“You may feel there is nothing more to discuss, but there is. It’s nothing to lose sleep over but I will make time for us to meet again.”

Dismissal

On 20 August 2015 Ms Luckman was invited to a further meeting with Mr Walker.

At the start of the meeting Mr Walker read out a letter terminating Ms Luckman’s employment.

The letter advised ‘misconduct’ as the reason for Ms Luckman’s dismissal.

Unfair dismissal claim

Ms Luckman challenged the termination of her employment by way of an unfair dismissal application to the Fair Work Commission.

The verdict

The FWC ultimately found the dismissal to have been harsh and unreasonable and thus – unfair.

Conduct not inappropriate

The FWC considered that the conduct of Ms Luckman in the meeting did not amount to a valid reason for her dismissal.

Although observing that Ms Luckman had been angry and hostile during the meeting of 13 August, the FWC recognised that there had been no use of inappropriate or foul language, or threatening or abusive behaviour, by either party.

The FWC also recognised that Ms Luckman’s email to Mr Walker immediately after their meeting demonstrated that she was ready to follow the instruction about the management of the two properties in question.

In particular the FWC commented:

‘The meeting on 13 August 2015 was a robust discussion where an employee had the courage to voice her disapproval over the way that she perceived that she had been victimised over the last four years.

The mere fact that there was no swearing or threatening language used solidifies the view that Mr Walker’s decision to terminate Ms Luckman’s employment was a monumental over reaction.’

Robust workplace discussions

Importantly for employers, the FWC made the following observation about robust discussions between employers and employees:

‘Robust discussions between employees and employers are a part of the Australian industrial landscape.

The notion of master/servant where an employee was not allowed to question the decision of the employer disappeared with the industrial revolution.’

Ultimately, the FWC handed down a decision of unfair dismissal.

As to the question of whether Ms Luckman could be reinstated, the FWC rejected a claim by the employer that there had been a breakdown of trust in the employment relationship.

Lessons for employers

  • Robust workplace discussions between an employer and employee are an accepted feature of the Australian employment landscape.
  • An employee may raise a workplace issue directly affecting him/her providing it is raised in an appropriate way.
  • Employers are not entitled to deem the mere raising of workplace issue as misconduct or insubordinate behavior.

Adjustment of rent

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By Russell Cocks, Solicitor

First published in the Law Institute Journal

Rental properties present challenges at settlement and care must be taken when adjusting rent and dealing with a security deposit.

The starting point is GC 15 of the standard contract. But for an ‘adjustment’ condition in the contract, no adjustment of the purchase price would occur and the parties would simply have to accept that rent is in arrears or advance. But an adjustment condition allows the parties to adjust rent as at the settlement date on the basis that the vendor is entitled to the rent up to the settlement date and the purchaser is entitled thereafter.

No formal assignment of the landlord’s rights is required as s 141 Property Law Act confers upon the owner from time to time the right to recover rent due in respect of the property. Whilst it is common to enter into a Deed of Assignment or Transfer of the tenant’s rights under a lease, no such formality is required in the case of the transfer of the landlord’s rights to a new owner.

In the unusual situation where rent is paid up to the day of settlement, no adjustment between the parties is required. Where rent is paid in advance, the vendor must allow to the purchaser the amount of the prepayment beyond settlement day. Rent is deemed to accrue from day to day (s 54 Supreme Court Act) so rent is to be reduced to a daily rate and the rent for the number of days pre-paid is to be adjusted against the vendor. If rent is payable monthly, the monthly rent is multiplied by 12 and divided by 365 to give a daily rate. If rent is payable weekly, the amount is divided by 7 to give a daily rate.

Rent in arrears tends to present greater difficulties, not so much for the purchaser but for the vendor. In the absence of a Special Condition in the contract, the vendor cannot require the purchaser to allow to the vendor by way of an adjustment any rent due, but unpaid, at settlement. If the rent is in arrears, no adjustment is required. It is for the vendor to seek to recover arrears from the tenant and the vendor is aided by s 56 Supreme Court Act in this regard. This section provides that if the purchaser recovers arrears from the tenant, then the landlord is entitled to the arrears that relate to the pre-contract period. However a purchaser might not be inclined to issue proceedings against the tenant and the vendor would be wise to include a Special Condition requiring the purchaser to do so.

Alternatively, the vendor might issue proceedings against the tenant for arrears BEFORE settlement, as the vendor has the right to rely on the terms of the lease until settlement.

Security Deposit

A lease will regularly provide for the payment by the tenant of a security deposit to be held by the landlord to secure the performance of the tenant’s obligations under the lease. It is important that the purchaser makes arrangements for the transfer of this security deposit as the tenant will be entitled at the end of the lease to have the purchaser (as landlord) account for that security deposit. If the vendor holds that security deposit in the form of a cash bond, then adjustment may be achieved by the vendor allowing as an adjustment in favour of the purchaser the amount of the bond and the purchaser depositing that amount in an account under the control of the purchaser. Section 24 Retail Leases Act requires the landlord to hold the security deposit in an interest bearing account on behalf of the tenant and interest must be considered when undertaking this adjustment.

The tenant may satisfy the security deposit requirement by providing a bank guarantee. This presents particular difficulties upon the sale of the freehold. The guarantee will be made out in favour of the vendor and such guarantees CANNOT be assigned. Banks will only make payment to the NAMED beneficiary, so a NEW guarantee must be put in place to take effect from the date of settlement. This creates logistical difficulties, particularly if the lease does not include a clause requiring the tenant to provide a replacement guarantee in the case of a sale.

Tips

  • Rent is adjusted at settlement
  • Arrears of rent are the vendor’s problem
  • Security Deposit must be transferred at settlement
  • Bank guarantees cannot be transferred
  • While written for Victoria this article has interest and relevance for practitioners in all states

New Publication – Defamation

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As of today, our library of publications now includes a Defamation & Protecting Reputation publication.

It is a complete guide to acting in defamation and related areas of the law including privacy, breach of confidence, injunctive relief, Injurious falsehood, and misleading and deceptive conduct.

You can find out more about what documents, forms and commentaries the guide includes by looking through the Table of Contents.

You can also check out ‘Public shame – Justice and defamation in the digital age‘, an interesting article we posted on online shaming and the defamation law in Australia.

As always, if you have any questions, please email us at support@bylawyers.com.au.

 

Public shame – Justice and defamation in the digital age

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We know their names and we’ve seen the memes. Individuals such as former speaker Bronwyn Bishop, news presenter Brian Williams and dentist Walter Palmer are among the members of an ever widening group of people who have all been the subject of large scale public ire and ridicule in the digital era.

It is difficult to ignore the powerful role that social media plays in present day public shaming and defamation. These platforms have enabled individuals to reach potential audiences of millions overnight. The speed and ease of public shaming is matched by the ubiquity of internet outrage in our culture to the extent that author Jon Ronson (2015) in his book ‘So you have been publicly shamed’ argues that we are experiencing a ‘renaissance of public humiliation’.

Public shame, the law and the rise of internet mob ‘justice’

At various points throughout history, public humiliation has fallen in and out of favour as a means of justice and as a form of entertainment. While most formal modern justice systems have discarded public humiliation in favour of more effective, and less cruel methods, at various points in time, in a variety of cultures, public humiliation has been used as an important tool of criminal and social sanction (Breen, 2016).

In the colonial period many state sanctioned punishments had an element of publicity. For example, in Australia public flogging and head shaving were commonly used punishments for male and female convicts. However, as the increased urbanisation of the industrial revolution gave people greater anonymity and the ability to move more freely between towns, public humiliation ceased to be an effective deterrent.

Over time the law has developed a complicated relationship with public humiliation. The court strives to overcome the problems and bias of vigilante mob justice by applying methodical due process to enforce laws. Monetary and custodial orders have been the preferred methods of correction in many modern justice systems for the majority of the 20th and 21st centuries. However, in recent years there has been a resurgence of courts, particularly in the US, using shame as an alternative to criminal penalties or as a way to increase them. For example, in Ohio in 2013, a 62-year-old man who pleaded no contest to a misdemeanour charge was ordered to stand in public wearing a sign that read “I am am a bully! I pick on children that are disabled” in addition to receiving a short jail sentence and community service.

Many see the resurgence in public shaming orders as a response to prison overcrowding and the relationship between the courts, post-modern journalism and entertainment. The courts have evolved from public forums and it is still very common for trials to receive widespread public attention. It is a widely held perception that the general public has a stake in justice proceedings. In the US, the distinction between justice, news and entertainment is blurred by televised versions of court proceedings such as ‘Judge Judy’ and ‘The Peoples Court’. Kohm (2011) identifies the inherent emotionality of crime as the driving force behind the ability of court proceedings to capture widespread media and public attention. A crime or violation of accepted social norms can give rise to public fear, anger and outrage. Notable examples of this are the trials of Oscar Pistorius, OJ Simpson and Steven Avery, all were viewed by global audiences numbering in the millions.

Online, public shaming has most likely existed since the chat rooms of the early days of the internet. However online public shaming has been most prominent since the inception of large online forums and social media platforms in the early 2000’s such as YouTube, Facebook, Twitter, 4chan and Reddit. Before these websites it was difficult for information to ‘go viral’. Today it’s difficult to imagine the internet before the trolling, vitriolic comment threads and clickbait. Many authors argue that the speed of online communication has increased the demand for entertainment in the form of public humiliation.

Problems that arise with online shaming

The appeal of online shaming and outrage culture is easily visible. An individual who feels that they have been wronged need only turn to Facebook or Twitter where they will find a community of like-minded supporters who are willing to take up their cause. Online participation is also empowering, giving rise to the perception that there is a shortcut to justice that avoids the complexities and potential disappointment of litigation. The everyday individual alongside ‘hacktivists’ or ‘digitialantes’ can simply take the matter into their own hands.

The nature of the internet as a ‘global village’ presents numerous opportunities for online shaming to flourish. As we share more of our lives, information and opinions online, we are presented with two choices; conceal our identity or accept that everything we say online will be on record forever and moderate ourselves accordingly (Love, 2013). These contradictory features of online life give the internet the qualities of both a wild west frontier and a puritan small town. The long memory of the internet means that shaming can have consequences for the individual many years after the incident, while the ability to be anonymous online enables people to use an array of tactics to target others, leaving the law scrambling to identify and deal with those involved.

The principle issue with the online environment is that online shaming in the name of justice is a blunt instrument. The random nature of mob justice means that sometimes it targets people who deserve punishment while at other times targets people who do not (Fisher, 2015). Consider the example of a man who was taking a picture of himself outside a Melbourne Target last year. The man was standing next to a large picture of Darth Vader on ‘May the 4th’ taking a picture to send to his kids. Children who were nearby told their mother who then informed the shopping centre security and police and also posted a picture of the man on Facebook identifying him as a ‘creep’. Within a short time, the post and the man’s picture was shared with over 20,000 people. The man identified voluntarily submitted to a police search and interrogation in order to clear his name, while his accuser, even after issuing a public apology, received strong negative backlash that included death threats.

Another issue with online shaming is that it can have very serious offline consequences. Many people, such as the women at the centre of ‘Gamergate’, have had their personal information published online and have had to leave their homes after being subjected to numerous incidences of harassment and threats of physical violence. Others have lost their jobs, such as PR woman Justine Sacco, who after making a careless tweet about AIDs, took a year to find new employment (Ronson, 2015). Businesses have also suffered under negative online reviews posted on sites such as Yelp and TripAdvisor. For the individuals targeted, there are also many potential negative psychological outcomes of being the subject of online shaming such as depression, anxiety, insomnia and agoraphobia.

The ability of online shaming to have far reaching real world consequences inevitably gives rise to the ethical concerns of whether the punishment fits the crime. Modern justice systems attempt to deal with evidence and proportionalities, two important features which are absent from online shaming. In these situations, it isn’t clear who decides what punishment is fitting or how they arrived at the decision.

Common methods of online shaming

Doxing: Researching and publicly displaying personally identifiable information such as a person’s home address, phone number or financial information.

Swatting: An extension of doxing that has occurred in the US where prank calls lead to the deployment of emergency services to a targeted individual’s address.

Revenge porn: The publishing of non-consensual pornography on the internet in order to humiliate a person, frequently distributed by computer hackers or ex-partners.

Negative Reviews: Posting negative reviews of a business on websites such as Yelp and TripAdvisor.

Online shaming and defamation law in Australia

In Australia defamation can come under civil or criminal law (Breen, 2015). Defamation actions under civil law are covered by Australia’s uniform defamation laws. However, the state jurisdictions also have laws criminalising certain defamatory actions. For example, in New South Wales section 529 of the Crimes Act 1900 states that:

A person who, without lawful excuse, publishes matter defamatory of another living person (the “victim” ):

(a)    knowing the matter to be false, and

(b)    with intent to cause serious harm to the victim or any other person or being reckless as to whether such harm is caused,

is guilty of an offence.

The maximum penalty is 3 years’ imprisonment.

Criminal defamation is a rarely used charge in Australia, however in 2009 an Adelaide man was convicted of criminal defamation after posting defamatory material about a police officer on Facebook. He became the second person in South Australia’s history to be convicted of the charge.

Under civil law the remedies for defamation include compensation for economic and non-economic loss. It is also possible to obtain an injunction preventing further publication of defamatory material. For a civil defamation action to succeed the plaintiff must prove that:

  • the communication was published to one or more people (other than the plaintiff);
  • that the communication identified the plaintiff; and
  • that the communication was defamatory, meaning that it had the effect of diminishing the plaintiff’s reputation in the eyes of ordinary people in the community and/or leads people to avoid or dislike the plaintiff.

Burgess (2013) makes an important distinction between the purpose of civil and criminal defamation laws. Civil defamation law aims to vindicate and protect the reputation of the person defamed while criminal defamation law is intended to punish the defamer and protect the community.

Currently only one state in Australia has made revenge porn a criminal offence. In 2014 Victoria made it a criminal offence to maliciously distribute intimate images without a person’s consent. However further changes may be on the horizon. In October last year the Federal Parliament introduced a bill seeking to amend the Commonwealth Criminal code to criminalise the act of ‘sharing private sexual material’ without the consent of the subject of the material.

Although they have not been commonly used, there are also civil remedies for victims of revenge porn and other privacy breaches under the uniform defamation laws, through an action for breach of confidence. The elements of an action for breach of confidence include:

  • The information published was of a confidential nature;
  • The information was communicated or obtained in circumstances that carried an obligation of confidence; and
  • There was unauthorised use of the information.

At this time, it is unclear what legal actions are available to individuals who have had their personal information leaked online through doxing methods. While there is legislative protection for personal information, there is currently no right to sue for invasion of privacy in Australia. However, there is now widespread recognition that the current system of civil and criminal laws is inadequate for people seeking protection against privacy breaches.

In late February the New South Wales Standing Committee on Law and Justice recommended that NSW lead the way in creating new legal action for serious invasions of privacy. The proposed changes would enable a person to sue for damages if their privacy had been invaded intentionally or recklessly, and would make it possible to pursue governments and corporations for negligent privacy breaches. The government is required to respond by 5 September 2016.

As the internet has become a more integral part of our lives, many users of social media do not recognise the power that they have on these platforms (Hudson, 2013). Police and legal professionals have issued numerous warnings against taking grievances online, as public shaming actions which damage a person’s reputation either unjustifiably or inexcusably will likely be found to breach Australia’s defamation laws (Wolfenden, 2015). It will depend on the particular circumstances and complexities of each individual case as to whether an online shaming campaign is actionable.

By Lawyers now publishes a comprehensive legal guide – Defamation – Protecting Reputation, to enable practitioners to confidently handle defamation disputes, with or without recourse to litigation.

Sources

Breen, P. (2016). Protecting Reputation: Defamation practice, procedure and precedents. The Manual.

Burgess, C. (2013). Criminal defamation in Australia: Time to go or stay. Murdoch UL Rev., 20, 1.

Fischer, M. (2015, July 30). From Gamergate to Cecil the lion: Internet mob justice is out of control. VOX. Retrieved February 20, 2016, from http://www.vox.com/2015/7/30/9074865/cecil-lion-palmer-mob-justice

Hudson, L. (2013, July 24). Why You Should Think Twice Before Shaming Anyone on Social Media. Wired. Retrieved March 08, 2016, from http://www.wired.com/2013/07/ap_argshaming/

Kohm, S. A. (2009). Naming, shaming and criminal justice: Mass-mediated humiliation as entertainment and punishment. Crime, Media, Culture, 5(2), 188-205.

Love, J. (2013, September 12). Sharing or oversharing online? The American Scholar. Retrieved February 26, 2016, from https://theamericanscholar.org/sharing-or-oversharing-online/#.Vt4wY9D1fhx

Ronson, J. (2015). So you’ve been publicly shamed. Picador.

Wolfenden, E. (2015, July 21). Online public shaming: Fair game or misdirected blame? Retrieved February 29, 2016, from http://bakerlove.com.au/online-public-shaming-fair-game-or-misdirected-blame/

We’ve got Bundles!

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Some of the most popular guides on By Lawyers are now available in bundles of three at a special discounted rate of $199 plus GST per month. That’s almost one whole guide free!

The bundles also include the Practice Management Guide (normally priced at $89 plus GST per month) as an extra bonus.

There are bundles to suit all your needs. Have a look at the list of available bundles now.

If you subscribe to a bundle, and have a current monthly subscription you want us to cancel, please let us know.

If you have any questions, please do not hesitate to contact us at support@bylawyers.com.au.

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