New Probate Rules 2017 have commenced:
– Circular No 14 of 2017 Probate Practice and Procedure includes transition periods, 2017 forms, changes to practice and procedure;
– Probate Rules 2017 – Fact Sheet – Supreme Court of Tasmania outlines new rules and forms – available on our matter plan.
Our author will review the publication following a period of implementation.
Bearing in mind that easy paths are always downhill is it possible to practice law in an untroubled way? It seems unlikely in the face of the evidence of the widespread dislike of the lawyers lot. Why is it that a serious approach to the lawyers duty to act in the best interests of their clients is assumed to be difficult and preclude good humour and a light touch. Must it be so? No. The onerous complexity of legal practice is reduced by matter and information management systems that are readily available. Why is it that, after years of study, the pursuit of knowledge stops on graduation and inertia replaces investigation of the next step of converting intellectual preparation to its practical application.
The practice of laws is not a sentence to misery but it needs effort to find the easy path which is not downhill. Systems systems systems is the answer. Spending the time and the money to introduce them is the only path to practicing happily.
A general practitioner rarely requires an in-depth consideration of a matter of law but rather needs to access the law, practice and procedure relevant to a transaction in hand.
For a specialist, these are well understood but for the general practitioner, who may only conduct such a matter occasionally, ready access is a necessity.
This challenge was met by the development of the By Lawyers system of integrating research commentary where needed amongst the precedents with outgoing links to legislation and case law. Behind the straightforward commentary is further research material so for example in real property sale and purchase there is 1001 Conveyancing Answers
The other highly recommended research management initiative is to nominate, at a team meeting, an area of law for a member of staff to take as their area of expertise. This generates a team involvement and an education interest in every staff member. So for instance if a will interpretation question arises the nominated will expert staff member does the research and reports back at a team meeting. Very good for overall morale and individual satisfaction.