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Sunday, 31 August 2014

WHAT TO LOOK FOR IN A SOLICITOR- CONVEYANCING

Costs
Costs of conveyancing vary wildly from firm to firm.  Be assured that you get what you pay for. 

Ask questions about seniority of the people who will be acting on your file and what searches will be done. 

Ask whether you will get a copy of the searches and an explanation of the search results. 

Ask whether perusal of your mortgage documents from your bank is included in the conveyancing price. 

Ask whether unqualified staff or junior staff will be acting on your conveyance. 

Ask about the systems and procedures in place to ensure that nothing is missed on your file.

At Bennett Carroll Solicitors, you get more than you pay for.  Senior people, search results explained in an all inclusive price.  No junior staff, no unqualified staff, and a complete management system to ensure nothing is missed on your file.


Accessibility
Over 70% of complaints to the professional body governing Lawyers relate to inability to get a Lawyer on the phone or to get that Lawyer to return telephone calls. 

Ask whether the firm has a policy on accessibility and returning telephone calls when you have a question you want answered quickly.

At Bennett Carroll, we answer your questions and your calls.


Provision of information
Ensure that you are happy that you are going to receive up to date information as your matter progresses. 

Ask if there is a policy regarding copies of correspondence in and out being sent to you. 

At Bennett Carroll Solicitors, providing you with information and copies of correspondence is automatic.  You do not have to chase us for information.


The comfort factor
Make an assessment when speaking to each law firm of whether they have an approach which makes you comfortable.  Are you going to be able to work with these people?

At Bennett Carroll Solicitors, we are intent on taking away the stress and working closely with you to ensure complete satisfaction.


A language you can understand
Look at the style of communication used in these initial telephone calls.  Do they respond to your questions using your kind of language or is it “Legal Ease”?

At Bennett Carroll Solicitors, we talk commonsense no frills English that you can understand.


BELLIGERENCE VERSUS CO-OPERATION


Ask about their approach to resolving disputes over your matter.  Some firms will automatically take a belligerent, aggressive and obstructive attitude.  Others, whilst protecting your rights, will work in a co-operative manner to try and ensure that your Contract settles. 


At Bennett Carroll Solicitors, we protect your rights and work in a co-operative manner to ensure settlement at all times.

Bennett Carroll Solicitors have offices located in Brisbane and the Sunshine Coast
Freecall: 1300 334 566
Fax: (07) 3343 8664

Website: www.bcglaw.com.au  

Monday, 11 August 2014

Have you had an employee take your business secrets elsewhere? Or perhaps you’re a frustrated employee who’s considering it? Consider this:

An action for breach of confidence has quite a wide scope. It may arise where an employee takes secrets from their boss to their competitor, or even where a partner in a married couple divulges secrets of their relationship. The basis for the action can come from a variety of legal realms, however the most common is through a provision in a contract of employment.
Elements
In order to maintain an action for breach of confidence, the person who brings the action must establish three elements;
1.     That the information has the necessary quality of confidence or secrecy;
2.     The information was imparted in circumstances importing an obligation of confidence;
3.     There was (or may be) an unauthorised use of the information.
Unless you are an expert, it can be quite a complex process to determine whether these elements are met. Most people will approach a lawyer after satisfying element three, however it is numbers one and two which create the most difficulty.
 Defences
If you are concerned because you may have disclosed confidential information, do not fret. There is a range of defences which may aid you. Defences to an action for breach of confidence include:
·         Consent of the confider
·         Disclosure for the purpose of complying with the law
·         Disclosure of a crime, wrong or misdeed
·         If disclosure is in the confidant’s interests
·         Disclosure in the public interest (for national security, public health, and things of this gravity)
Remedies
Remedies awarded in breach of confidence cases include:
·         Injunction to prevent either;
a)      the information being revealed in the first place, or
b)      further misuse of the information.
·         Monetary Remedies (either an account of profits or damages)
·         Formation of a constructive trust (where a defendant acquires some property by use of the confidential information, it may be held on trust for the plaintiff)
·         Orders for delivery-up and for destruction


If you are concerned that your confidential information is at risk, or if you are unsure what you should or shouldn’t tell your next employer about your current work, make an appointment to speak with us about your rights.

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