New Client

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Ahoy there!

It is my genuine pleasure to welcome you to the Blue Ocean Law Group a.k.a. BLUEOCEAN.law

We are Different on Purpose

Blue Ocean Law Group is designed to be different, starting from a blank canvas using the principles of Blue Ocean Strategy®.

If you are thinking that we are unlike any other law firm you have encountered to date then we have succeeded in differentiating ourselves from a traditional law firm.

'Every day, clients are faced with a lot of boring stuff - a lot of brown cows - but you can bet they won't forget a Purple Cow!

Purple Cow describes something phenomenal, something counterintuitive and exciting and flat-out unbelievable.

In his best seller, Seth Godin urges you to put a Purple Cow into everything you build, and everything you do, to create something truly noticeable.

It's a manifesto for anyone who wants to help create products and services that are worth marketing in the first place.'

When your business brand + the way it is positioned stands out boldly, it attracts attention… and lowers your marketing costs.

‍Blue Ocean Strategy® describes this as a key enabling concept using the term "Differentiation".

Welcome to Blue Ocean Law Group & our vision of the future delivery of legal services.

Embark on your legal journey, with a Deep Dive of our website ...

As you explore this [700+] page website, I recommend you start by:

1️⃣ Clicking on the blue switch on our home page to toggle between 'blue and red ocean mode';

2️⃣ Watching the Blue Ocean Strategy® videos; and

3️⃣ Taking our Free Legal Health Checks ❤️ [Australia].

I personally hope that you discover tons of value and start to change your opinion about lawyers for the better.

Our Expansion Plans ... A Work in Progress!

⭐️ Blue Ocean Law Group are currently in the process of expanding our legal service offerings from Australia to New Zealand and California, and in due course the UK under the Australia-UK Free Trade Agreement.

Tip #1 ➲ Google Translate

If English is not your native language and you would prefer read our website content using your own, you will most likely be able to effectively navigate our entire website by using Google Translate which offers a selection of [100+ languages].

When Google Translate displays its translation our website's top menu is removed.

If you scroll down to the bottom of the translated webpage you will find you will be able to use our website footer to navigate our website (as it effectively mirrors all the items in our top menu).

Tip #2 ➲ You can Create Legal Documents (or at least start) using your Mobile Phone

We have designed our website so that after you start creating a legal document using your mobile phone, all you need to do is rotate your phone to a horizontal position (in other words landscape mode) to continue the process.

If you run out of time or find it difficult to enter information using your mobile phone, you can save your work and a link will be sent to your email address that you can use to resume the process once you are at your laptop/desktop.

‍Credits:

This FAQ was created by James D. Ford Esq., GAICD CIPP/US CC | Principal Solicitor, Blue Ocean Law Group℠.

State of California Bar Number: 346590

Our 'Elevator Pitch' ...

➲ Why we offer Free Legal Health Checks!

"Before a client needs to deal with any major life event or disputes (the inevitable vicissitudes of both business & personal life) ideally they need to consult a lawyer to ensure they get their legal affairs in order.

The evidence suggests that even though most clients know it is important, more than 70% typically deliberately avoid engaging a lawyer.

Instead they either do nothing hoping for the best or do their best to try to patch together a subpar solution themselves.

If personal & business legal affairs are allowed to persist in disarray, this is a surefire recipe for the possibility of a devastatingly expensive, long and emotionally draining legal battle.

Because once problems arise it is often too late to take proactive measures.

So, Blue Ocean Law Group have built a secure online solution that helps clients obtain initial guidance without the need to speak to a lawyer, using our Free Legal Health Checks [Australia] for both personal and business matters, together with our market-leading [700+] page website providing prospective Clients with [Self-Service] Legal Documents, Legal Wizards, Quizzes, FAQ & innovative solutions 24/7 from anywhere on any device.

Our Legal Team provide support as and when it is needed."

⭐️ We are in the process of 'Charting New Markets' in New Zealand & California.

Source: Blue Ocean Opportunities in the Australian Legal Profession

This Elevator Pitch was developed using a template suggested in a Linked In post by Ash Maurya.

‍Credits:

This FAQ was created by James D. Ford Esq., GAICD CIPP/US CC | Principal Solicitor, Blue Ocean Law Group℠.

State of California Bar Number: 346590

What is #NewLaw?

The following has been extracted from NewLaw Fundamentals Q&A by Anusia Gillespie on August 4, 2021:

NewLaw is a mindset. It is a movement. NewLaw’s enemy is the adage: “because that’s the way we’ve always done it.”

Whether coined by Eric Chin, see Post 242, or Jordan Furlong, see Furlong, “An Incomplete Inventory of New Law,” Law21, May 13, 2014, the original definition circa 2013 was: “any model, process, or tool that represents a significantly different approach to the creation or provision of legal services than what the legal profession traditionally has employed.”…

The concept has evolved to focus on the source of true power and change in the profession – people. Models, processes, and tools fail if not created, or at least embraced, by the people who power the legal system. NewLaw fails without open and informed minds. The form of output, whether a new business model, regulation, or legal technology, is secondary. In fact, strike the first part of the 2013 definition and we capture this nuance for today’s understanding.‍

NewLaw: A significantly different approach to the creation or provision of legal services than what the legal profession traditionally has employed.

What is a True NewLaw Firm?

Since the term NewLaw was coined in 2013, alongside true NewLaw Firms there has been a continuous procession of traditional law firms rebadging themselves to claim they are a NewLaw firm.

This begs the question: What is a true NewLaw Firm?

To help answer this question, the following has been extracted from the article "What is a True NewLaw Firm?" by Rebecca Lim | December 7, 2016

In an age of disruption, BigLaw or traditional large law firms face increasing competition from rapidly evolving NewLaw providers. But what does NewLaw actually mean, and how do these firms differ from their more traditional competitors?

Whilst the legal profession was for decades conservative + resistant to using new or "disruptive" technologies, it seems as if all at once, a lightbulb was turned on, and the buzz and potential of #legaltech or put more simply, the use of technology to more efficiently + effectively deliver legal services has been ushered in a new era of exciting fast paced change in the legal profession.

My personal observation is that whilst there has been adoption of #legaltech by traditional law firms, this has been mainly done behind the scenes where clients do not see what is happening.

Adopting new technologies in this way does not represent a significant culture change for traditional law firms.

What they are doing is low-risk.

If something goes wrong, they can step in and rectify the problem without the client ever knowing there was a problem.

If they are successful in making incremental improvements, in the end it doesn't change a great deal.

In my opinion, traditional law firms are still going about the business of law in the same way they have in the past.

One of the Red Ocean Traps: The mental models that undermine market-creating strategies is to confuse technology innovation with market-creating strategies.

Using the latest technology alone does not change traditional culture, structures and thought processes.

To differentiate a true NewLaw Firm we need to see evidence of changed thinking, and with that changed culture, rather then simple window-dressing and wordsmithing.

What is Blue Ocean Strategy® ?

Blue Ocean Strategy® represents a change in mindset that is in total alignment with the updated concept of #NewLaw as a mindset.

Blue Ocean Strategy ® offers a strategic framework to help break free of traditional legal profession thinking ....

Blue Ocean Law Group has been designed from a blank canvas using Blue Ocean Strategy®

In a nutshell, we think differently, therefore we have created unique offerings which align with our vision for the future of the Legal Profession.

For a deep dive into what this will continue to entail please read my article: Charting the future of the Legal Profession: A Blue Ocean Perspective.

Credits:

This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

California does not have a State Bar-issued Statement of Client Rights & Responsibilities.

These matters are regulated by the California Rules of Professional Conduct, the California Business and Professions Code, other relevant legislation as well as your Written Fee Agreement with your Attorney.

For your information, for his U.S. based legal matters James D. Ford Esq. Attorney-at-Law includes the below standard Statement of Client Rights & Responsibilities as an Annexure to his Written Fee Agreements.

Statement of Client’s Rights

You are entitled to be treated with courtesy and consideration at all times by your lawyer and the other lawyers and nonlawyer personnel in your lawyer’s office.

You are entitled to have your attorney handle your legal matter competently and diligently, in accordance with the highest standards of the profession. If you are not satisfied with how your matter is being handled, you have the right to discharge your attorney and terminate the attorney-client relationship at any time. (Court approval may be required in some matters, and your attorney may have a claim against you for the value of services rendered to you up to the point of discharge.)

You are entitled to your lawyer’s independent professional judgment and undivided loyalty uncompromised by conflicts of interest.

You are entitled not to be charged unconscionably high fees and expenses and to have your lawyer explain before or within a reasonable time after commencement of the representation how the fees and expenses will be computed and the manner and frequency of billing. You are entitled to request and receive a written itemized bill from your attorney at reasonable intervals. You may refuse to enter into any arrangement for fees and expenses that you find unsatisfactory. In the event of a fee dispute, you may have the right to seek arbitration; your attorney will provide you with the necessary information regarding arbitration in the event of a fee dispute, or upon your request.

You are entitled to have your questions and concerns addressed promptly and to receive a prompt reply to your letters, telephone calls, emails, faxes, and other communications.

You are entitled to be kept reasonably informed as to the status of your matter and are entitled to have your attorney promptly comply with your reasonable requests for information, including your requests for copies of papers relevant to the matter. You are entitled to sufficient information to allow you to participate meaningfully in the development of your matter and make informed decisions regarding the representation.

You are entitled to have your legitimate objectives respected by your attorney. In particular, the decision of whether to settle your matter is yours and not your lawyer’s. (Court approval of a settlement is required in some matters.)

You have the right to privacy in your communications with your lawyer and to have your confidential information preserved by your lawyer to the extent required by law.

You are entitled to have your attorney conduct himself or herself ethically in accordance with the California Rules of Professional Conduct.

You may not be refused representation on the basis of race, creed, color, religion, sex, sexual orientation, age, national origin or disability.

Statement of Client’s Responsibilities

The client is expected to treat the lawyer and the lawyer’s staff with courtesy and consideration.

The client’s relationship with the lawyer must be one of complete candor and the lawyer must be apprised of all facts or circumstances of the matter being handled by the lawyer even if the client believes that those facts may be detrimental to the client’s cause or unflattering to the client.

The client must honor the fee arrangement as agreed to with the lawyer, in accordance with law.

All bills for services rendered which are tendered to the client pursuant to the agreed upon fee arrangement should be paid promptly.

The client may withdraw from the attorney-client relationship, subject to financial commitments under the agreed to fee arrangement, and, in certain circumstances, subject to court approval.

Although the client should expect that his or her correspondence, telephone calls and other communications will be answered within a reasonable time frame, the client should recognize that the lawyer has other clients equally demanding of the lawyer’s time and attention.

The client should maintain contact with the lawyer, promptly notify the lawyer of any change in telephone number or address and respond promptly to a request by the lawyer for information and cooperation.

The client must realize that the lawyer need respect only legitimate objectives of the client and that the lawyer will not advocate or propose positions which are unprofessional or contrary to law or the California Rules of Professional Conduct.

The lawyer may be unable to accept a case if the lawyer has previous professional commitments which will result in inadequate time being available for the proper representation of a new client.

A lawyer is under no obligation to accept a client if the lawyer determines that the cause of the client is without merit, a conflict of interest would exist or that a suitable working relationship with the client is not likely.

Download a Copy of the California Rules of Professional Conduct

To download a copy or the California Rules of Professional Conduct, please click here.

Contact us for Clarifications

For questions or additional information about James D. Ford Esq.'s legal services in California (delivered via his Australian-based Law Firm, Blue Ocean Law Group℠), please contact us by clicking here or click here to book a consultation.

‍Credits:

This FAQ was created by James D. Ford Esq., GAICD CIPP/US CC | Principal Solicitor, Blue Ocean Law Group℠.

State of California Bar Number: 346590

What to Expect from Your California Licensed Attorney

You can expect your attorney to:

• Act ethically and abide by the Rules of Professional Conduct and the California Business and Professions Code.
• Represent you zealously and use all lawful and ethical means to present or defend your case.
• Not reveal anything you tell them in confidence. There are several exceptions to this rule, for example, certain life-threatening situations.
• Allow you to make the final decisions regarding how your case will be handled.
• Exercise independent professional judgment on your behalf.
• Keep you updated on your case.

What to Expect Regarding Fees and Billing

You and your lawyer should agree on what you will pay and which services will be provided.

By law, fee agreements with your lawyer MUST be in writing when the lawyer expects fees and costs for your case to total $1,000 or more.‍

Read more

Here are key things to know about fees and billing:

How a lawyer decides what amount to charge

• Lawyers consider various factors when setting their fees.
• A lawyer who is well-known in a certain area of the law might charge more than someone who is not.
• A lawyer also may consider the complexity of the case and the amount of time your matter could take.

How often your attorney will bill you for services

• With the exception of contingency fee arrangements (see below), you can expect to be billed monthly by your attorney.

Types of fee arrangements

Attorneys use different types of fee arrangements.

These are the most common types of fee arrangements used by attorneys:

• Fixed fee or standard fee.
  ‍Commonly used for routine legal matters, such as preparing a simple will. Before agreeing to a fixed fee, find out what it does and does not include, and if any other charges may be added to the bill.

• Hourly fee, which will can vary among lawyers.
  ‍Ask the lawyer to estimate the amount of time your case will take, so you understand what your total costs may be. Remember that circumstances may change, and your case may require more hours than the lawyer initially expected.

• Retainer fee.
  ‍A retainer can mean different things to different people. Make sure you understand your retainer agreement. ‍

          Read more

• Contingency fee.
  ‍This type of fee is often used in accident, personal injury, or other types of legal cases in which someone is being sued. ‍

          Read more

• Statutory fee.
  ‍The cost of certain probate and other legal work is set by statute or law. For these proceedings, a court either dictates or MUST approve the fee you will pay.

What you should know about a fee agreement

‍By law, fee agreements with your lawyer MUST be in writing when the lawyer expects fees and costs for your case to total $1,000 or more.‍

          Read more

‍Additional costs you may have to pay

‍In addition to their fees, your lawyer will charge you for other costs of your case, and you will be responsible for paying these costs even if your case is not successful. Costs can add up quickly, so it is a good idea to ask the lawyer in advance for a written estimate of what the costs will be, and whether you will have to pay such costs directly or if you will be reimbursing the lawyer for such costs paid on your behalf.

You may also ask to approve costs over a certain amount in advance.‍

Read more

‍What to do if you can’t pay

If you cannot afford to pay your lawyer’s bill, try to work out a payment plan or another arrangement with the lawyer.

If you cannot reach an agreement on how to handle the problem, the lawyer may be entitled to stop working on your case or even withdraw as your attorney. You may ask if the work can be temporarily postponed to reduce your bill.

If you believe your attorney’s bill contains errors or unauthorized charges, contact the attorney immediately and try to resolve the problem.

How to Work with Your Lawyer

These simple tips should help you develop a positive, productive relationship with your lawyer:

• Make sure you and your lawyer have the same goals.
• Give your attorney all the information and documents necessary to understand your case, including information that could be damaging to your case or may seem unimportant to you.
• Make sure you are comfortable with the attorney’s working style, such as whether you will be working with other people in the attorney’s office, or how the attorney prefers to communicate, such as by email, text messaging, phone, or in person, and how often to expect updates.
• Let the attorney know if you would like to receive copies of letters and documents prepared for your case.
• Make sure you have a clear picture of the expected timetable for your case and the steps involved in handling it. However, realize that it may not always be possible to predict the time required. If you are involved in a lawsuit, for example, the court’s schedule will influence how long your case will take.
• Make sure you understand and agree with the attorney’s billing practices.
• Communicate any questions or concerns to the attorney and listen to their responses.

However, problems could still arise. In such instances, help is available.

How to Avoid Problems with Your Attorney

You can help avoid problems with your lawyer by taking these steps:  

• Make sure you are working with a licensed lawyer. Lawyers MUST be licensed to practice law in California, and every licensed California lawyer has a State Bar number. Ask your lawyer for their State Bar number.  
• Use the Attorney Search feature on this website to verify that the attorney is licensed and to check for any disciplinary history.
• Understand exactly what your lawyer will be doing for you and what it will cost, and get your fee agreement in writing.
• Provide your attorney with all information related to your case, even information you think may be unimportant. This includes your current address and contact information.
• Provide your lawyer with all documents related to your case. Keep copies for your records.
• Ask the lawyer to estimate how long your case will take. Be aware, however, that unexpected developments can delay the process.
• Ask your lawyer to keep you updated on your case. You might ask the lawyer to send you copies of letters and any official documents filed in court as well.
• If you do not agree with your lawyer’s advice, let them know, and listen to their explanation.

If you are not satisfied with the answers, ask another lawyer for a second opinion.

You may also consider hiring another lawyer, although this may delay the resolution of your case.

Source: https://www.calbar.ca.gov/Public/Free-Legal-Information/Working-with-an-Attorney

Further Reading

About retainer fees

• A retainer fee can be used to guarantee that the lawyer will be available to take a particular case. With this type of agreement, the client would be billed additionally for the legal work that is done. If the fee agreement is a nonrefundable retainer agreement, you may not be able to get your money back, even if the lawyer does not handle your case or complete the work.
• A retainer fee also can mean that the lawyer is “on call” to handle the client’s legal problems over a period of time. Certain kinds of legal work might be covered by the retainer fee, while other legal services would be billed separately.
• Finally, a retainer fee is sometimes considered a down payment on legal services that the client will need. This means the legal fees will be subtracted from the retainer until the retainer is used up. The lawyer would then bill you for any additional time spent on your case or ask you to pay an additional retainer.

About contingency fees

• Contingency fees mean you will pay the lawyer a certain percentage of the money you receive if you win the case or settle the matter out of court.
• If you lose your case, the lawyer does not receive any payment from you.
• However, whether you win or lose your case, you will have to pay some or all of the court costs and other expenses, which can be quite high. Ask the lawyer for an estimate of such costs before you get started.
• If you agree to a contingency fee, MAKE SURE sure the written fee agreement specifies the lawyer’s percentage and whether their share will be figured before or after other costs are deducted.
• Contingency fee agreements MUST also state whether you will be required to pay the lawyer for related matters not specified in the fee agreement, which may arise as a result of your case.

• In most cases, the agreement also MUST note that the attorney’s fee is negotiable between the attorney and the client. They are not set by legal statute or law.

About fee agreements

• Here are some questions you may want to ask about your fee agreement:
• How will the lawyer bill for their time?
• Who else might be working on the case — an associate lawyer, legal assistant, paralegal? How will their work be billed?
• How will other costs and expenses, as opposed to the lawyer’s fees, be paid?
• What is the lawyer’s estimate of the total charges?
• The final agreement should include a list of services the lawyer will perform for you and the type and amount of fees you will be expected to pay. It should also include an explanation of how the other costs and expenses will be handled and billed, including interest or charges for unpaid amounts.
• Before you sign a fee agreement with your lawyer, make sure you understand all of the terms and requirements.
• The lawyer may have a pre-printed fee agreement. If you don’t approve of any part of the agreement, ask the lawyer to make revisions or to draw up a new agreement better suited to your case.
• A fee agreement may also list your obligations as a client — to be truthful, for example, and to cooperate and pay your bills on time.

Additional costs you may have to pay

• Certified shorthand reporters’ charges for testimony at depositions and trials and for transcripts.
• Copying and faxing costs. Lawyers also may charge for staff time spent on these tasks.
• Experts and consultants’ charges. These costs generally relate to any time spent evaluating the case and testifying in court.
• Filing fees, which are required by courts before they will accept legal papers.
• Investigators’ bills. Investigators may gather information related to the case.
• Jury fees and mileage costs. These are paid to jurors in civil cases in amounts set by law. The party requesting the jury must pay such expenses in advance.
• Postage, courier, and messenger costs for mailing, shipping, or delivering documents.
• Service of process fees charged by individuals who locate parties and witnesses and deliver legal papers to them.
• Staff time for services related to your case.
• Telephone bills.
• Travel expenses for the lawyer when traveling on a client’s behalf. These charges can include gas, mileage, parking, meals, airfare, and lodging.
• Witness fees and mileage charges. The individuals who testify at depositions and trials receive fees in amounts set by law. You also may need to pay travel expenses for witnesses.

Your lawyer may charge you for other costs as well. Make sure you understand all of the costs for which you will be responsible. Ask the lawyer if you will have to pay such costs directly or if you will be reimbursing the lawyer for such costs paid on your behalf.

Contact us for Clarifications

For questions or additional information about James D. Ford Esq.'s legal services in California (delivered via Blue Ocean Law Group℠), please contact us by clicking here or click here to book a consultation.

Source: State Bar of California Website ➲ Working with an Attorney.

‍Credits:

This FAQ was created by James D. Ford Esq., GAICD CIPP/US CC | Principal Solicitor, Blue Ocean Law Group℠.

State of California Bar Number: 346590

What is Client Legal Privilege?

Legal Professional Privilege is both a common law and statutory legal right held by in Australia all legal professionals' Clients modernly called Client Legal Privilege (CLP).

Client Legal Privilege (CLP) "... exists to protect the administration of justice by encouraging individuals and other entities/organisations to obtain confidential advice about their legal circumstances without the risk of prejudice and damage by subsequent compulsory disclosure on the demand of any administrative officer with some general statutory authority to obtain information or seize documents."

Client Legal Privilege protects legal advice given by a lawyer to his or her client (advice privilege) and communications pertaining to actual or contemplated litigation or court proceedings (litigation privilege).

Advice Privilege

Section 118 of the Uniform Evidence Acts in Australia provides that evidence is not to be adduced if, on objection by the Client, the court finds that adducing the evidence would result in disclosure of:

(a) a confidential communication made between the Client and a lawyer; or

(b) a confidential communication made between two or more lawyers acting for the Client; or

(c) the contents of a confidential document (whether delivered or not) prepared by the Client or the lawyer;

for the dominant purpose of the lawyer, or one or more of the lawyers, providing legal advice to the Client.

Litigation Privilege

Section 119 of the Uniform Evidence Acts in Australia establishes a Litigation Privilege, protecting confidential communications between:

⚖️ A Client and another person, or

⚖️ A lawyer acting for a Client and another person; or

⚖️ The contents of a confidential document that was prepared ...

For the dominant purpose of a Client being provided with legal services related to an Australian or overseas legal proceeding or anticipated legal proceeding in which the Client is or may be a party.

The ALRC considered that confidential communications between a lawyer or Client and third parties are a part of adversarial litigation and therefore should also be protected by Client legal privilege.^[44]

The Privilege belongs to the Client

It is called Client Legal Privilege because the privilege belongs to the Client, not the lawyer.

A lawyer may only disclose privileged communications if clearly instructed to do so by their Client.

If you have any questions, please contact our legal team for assistance.

Sources:

‍Law Council of Australia

Uniform Evidence Law ALRC Report 102/14

Credits:

This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

In the United States there are two types of Legal Professional Privilege:

⚖️ The Attorney-Client Privilege; and

⚖️ The Attorney Work Product Doctrine.

What is the Attorney-Client Privilege?

Attorney-Client Privilege refers to a legal privilege that works to keep confidential communications between an attorney and their client private.

Communications made to and by a lawyer in the presence of a third party may not be entitled to this privilege on grounds that they are not confidential.

The privilege can be affirmatively raised in the face of a legal demand for the communications, such as a discovery request or a demand that the lawyer testify under oath. A client, but not a lawyer, who wishes not to raise attorney-client privilege as a defense is free to do so, thereby waiving the privilege.

This privilege exists only when there is an attorney-client relationship.  

Under the Model Rules of Professional Conduct, the attorney-client privilege exists for a potential client. Under Togstad v. Vesely, 291 N.W.2d 686 (1980), a non-client can claim to be a prospective client if:

⚖️ The non-client seeks legal advice,

⚖️ Then the non-client reasonably relies on that advice as legal advice, and 3) the attorney does not attempt to dissuade the non-client from relying on the advice.

⚖️ The non-client is considered a prospective client under Togstad, then the attorney-client privilege will extend to that prospective client.

What is the Attorney Work Product Doctrine?

Work Product includes all material prepared in anticipation of litigation.

Generally, Work Product is privileged, meaning it is exempt from discovery.

However, there are exceptions.

Work Product is divided into two categories: ordinary and opinion.

Ordinary Work Product is the result of gathering basic facts or conducting interviews with witnesses, and is discoverable if there is a showing of substantial need, like a witness that becomes unavailable.

Opinion Work Product is the record of an attorney’s mental impressions, ideas or strategies, and is almost never subject to discovery.  

The presumption of non-disclosure is a rebuttable one.

Sources:

Cornell Law School LII Legal Information Institute ➲ Definition of Attorney-Client Privilege

‍Cornell Law School LII Legal Information Institute ➲ Definition of Work Product

If you have any questions, please contact our legal team for assistance.

Credits:

This FAQ was created by James D. Ford Esq., GAICD CIPP/US | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

For many of our new clients dealing with legal matters is a totally new experience.

Even if you have previously dealt with legal matters, you may not have been advised regarding certain options (or the options may not have existed at the time).

This FAQ has been created to direct our new clients to start by reading our blog article Helpful Hints ➲ Maximise Value whilst Protecting your Legal Rights + Position.

If you are in doubt about anything mentioned in the article, it is always the right decision to contact our legal team with your queries.

Once you have acquainted yourself with our helpful hints, we trust that you will be excited to learn + discover more about how we can work together to meet your current + future legal + business needs as we all navigate these uncharted post-COVID pandemic waters.

Credits:

This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

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titan lawyer [ai] reasonable use policy

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This free educational process can be completed in your own time, from anywhere, even from your mobile phone (if required).

If you are interrupted for any reason, you can save your work and will be sent a link to resume the process when convenient.

For the Client Cyber Alert Letter to be effective we urge you to please complete the process before you or anyone else (on your instructions/behalf) send or receive any funds to/from our law firm.

As this is an interactive process there is an increased liklihood that you will learn more regarding what steps you can take to protect yourself from Cyber Fraud.

Completing our Client Cyber Alert Letter process will also introduce you to a free example of how our online automated Self-Service legal documents are generated.

If you have any questions, please contact our legal team for assistance.

Together we can help prevent Cyber Fraud

As part of the process we recommend you download and read the "Together we can help prevent Cyber Fraud" brochure created by the NSW Law Society and LawCover.

Blue Ocean Law Group are constantly monitoring our cyber security policies to ensure that both we and our clients remain cyber safe.

We need your help to ensure that your information and funds remain secure.

Credits:

This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

A: Yes

Blue Ocean Law Group℠ had partnered with QuickFee to provide our Clients with Professional Fee Funding, that is, using QuickFee you were able to apply to pay your legal professional fees + disbursements over 4 months at 0% interest.

Whilst this was an innovative idea to lower the upfront financial burden on our Clients, unfortunately QuickFee has decided to discontinue this product.

In the interests of delivering value to our Clients, Blue Ocean Law Group have decided to continue this offering.

Contact us directly to apply.

Note: ⚖️ Your legal matter may also qualify for access to Disbursement Fee Funding / Family Law Funding (subject to approval by QuickFee).

Please contact us if you would like to arrange a longer term payment arrangement consisting of up to 12 monthly instalments using QuickFee's Pay Now service.

x Penalty Units = $y

When government legislation imposes a maximum penalty for a civil or criminal offence the maximum amount payable is generally specified in the form of a maximum number of Penalty Units.

The amount to apply per Penalty Unit to calculate the maximum Penalty payable varies amongst the Federal and State/Territory jurisdictions and is subject to change at any time, with some jurisdictions applying an automatic indexation mechanism.

Example

In NSW a reference to a maximum penalty of 5 penalty units means a maximum penalty of $550.

What are the current applicable rates?

As at the date of this FAQ the following amounts per Penalty Unit are detailed below:

ACT ➲ $160 per unit [individuals] / $810 per unit [corporations] (Since 8 Nov 2018);

Comm ➲ $222 per unit (Since 1 July 2020);

NSW ➲ $110 per unit (Since 1 September 1997);

NT ➲ $157 per unit (Since 1 July 2021);

Qld ➲ $137.85 per unit (Since 1 July 2021);

SA ➲ South Australia does not have a system of penalty units.

Instead, legislation either lists specific fine amounts or maximum "divisional penalties" which form a standard scale.

Vic ➲ $181.74 per unit (Since 1 July 2021);

Tas ➲ $173 per unit (Since 1 July 2021);

WA ➲ Varies (Penalty units are set for different categories of legislation. Traffic offences generally incur a penalty unit of A$50.

This Wikipedia link may be a useful as a quick resource to make an initial-check regarding whether any of the Penalty Unit rates may have changed.

Who is the Penalty Unit payable to?

Whilst is maybe assumed that the Penalty is payable directly to the person or party (if applicable) who has endured or been the victim of the offence this is not generally the case.

A Penalty is generally payable to the relevant government treasury.

In NSW this is the NSW Office of State Revenue.

Who can commence proceedings for the imposition of a civil or criminal penalty?

Generally speaking the proceedings for the imposition of a civil or criminal penalty are made by the relevant Minister or an authorised official rather than an applicant in a civil matter.

Example: Residential Tenancies Act 1987 (WA)

The Commissioner for Fair Trading is the only person who may prosecute a party for an offence committed under s.9 of the Residential Tenancies Act 1987 (WA).

Example: Civil Offences against the Residential Tenancies Act 2005 (NSW) and Penalties

RESIDENTIAL TENANCIES ACT 2010 - SECT 203

Penalty notices

203 Penalty notices

(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.

(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.

(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note : The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.

(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).

(5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.

(6) In this section,
"authorised officer" means a person authorised in writing by the Secretary as an authorised officer for the purposes of this section.

Can a Tribunal decide the penalty payable for the civil penalty?

Generally speaking the imposition of penalties for offences triggering civil penalty provisions (not specifically granted by the Tribunal's enabling legislation) are matters for a Court.

Example: Civil Offences against the Residential Tenancies Act 2005 (NSW)

202   Nature of proceedings for offences

(1)  Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court (emphasis added).

…

(3)  The maximum monetary penalty that may be imposed by the Local Court in proceedings for an offence against this Act is 50 penalty units or such other amount as may be prescribed by the regulations.

Credits:

This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

Criminal Offence + Civil Penalties Apply to the failure to obtain & misuse of a Director ID.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.