Capacity issues extend well beyond wills. From property transactions to litigation and settlements, this episode examines where solicitors go wrong, what the courts expect, why capacity must be reassessed throughout a matter, and how to protect yourself.

• Beyond Instructions: What to do when client capacity is uncertain

• Ryan v Dalton; Estate of Ryan [2017] NSWSC 1007
• Petrovski v Nasev; The Estate of Janakievska [2011] NSWSC 1275
• Kerr and anor v Badran and anor Estate of Badran [2004] NSWSC 735
• Zorbas v Sidiropoulous (No 2) [2009] NSWCA 197
• Weller v NSW Legal Services Commissioner [2022] NSWCATOD 67
• Sowmi v Master Electrical Services Pty Ltd [2024] NSWSC 176
• When a Client’s Mental Capacity is in Doubt: A Practical Guide for Solicitors

As convenient communication apps become embedded in legal practice, new risk issues are emerging. This episode explores the hidden hazards behind everyday tools, from lost records to waived privilege, and shares practical strategies to help lawyers balance convenience with smart risk management.

• What App: Smarter app use to reduce legal risk

We explore the realities of starting a new law practice from the ground up with key insights on risk management, compliance hurdles, business planning, and the importance of focus and support networks. Whether you’re contemplating the leap or are already on your journey, this podcast provides practical tips, lessons learned, and encouragement to help you “start smart” and ensure your new practice thrives well into the future.

• Starting Smart: Launching Your Practice with Risk in Mind