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The following text has been extracted from 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.
What we do to help prevent cyber fraud:
1️⃣ If we email instructions to you to transfer funds into a specific account, we will verify these instructions by phone to ensure the emailed bank account details are correct before transferring any funds.
2️⃣ We confirm that we will not advise you of a change in our bank account details or phone number by email.
3️⃣ We regularly check for any unauthorised changes to the Rules in our email accounts.
Three steps that we recommend that you take to help prevent cyber fraud:
As well as the steps we take to keep you safe, there are a few simple steps you can take to protect your information and funds from online criminals.
✅ If you receive any emails from us that seem a bit suspicious – do not open or download any attachments. Phone us immediately to let us know.
✅ We will never advise you to send funds to an account other than our trust or office account and we will never advise you of a change to our bank account details via email. If you receive an email which appears to be from us about changes to bank account details, do not transfer or send any funds, and phone us immediately.
✅ When calling us, always use the phone number you already have for us and always ask to speak with the person handling your matter.
❌ Do not use the phone number on the suspicious email.
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By the time you approach a lawyer to assist with your civil legal dispute you may have already discussed the matter in detail or sent text messages/emails to the other party, their agent, insurance company or lawyers.
Whilst you might think you are progressing the matter:
➲ This is generally a mistake!
Most people [unless they are experienced in litigation or legal dispute resolution] will unknowingly proceed to make these communications with the other side on an "open” basis.
This means that everything that is said or written might be capable of being used by the other parties in any subsequent legal proceedings.
It is generally known that in any criminal matter, you have the “right to remain silent …” as this is well-covered territory on TV/Movie Legal Dramas and in the media.
When it comes to civil disputes we recommend you adopt the same position.
Our advice may be spot on when it comes to large $$ civil disputes.
When the matter is only a minor one, you may not want to go to the time and/or expense of engaging legal advice specific to your situation.
Q: How then can you proceed?
A: Very carefully, and with the assistance of some very specific legal phraseology which you may or may not have seen before.
Please refer to our blog article “How to cast a magic legal spell? The protection afforded by Without Prejudice Settlement Negotiations." for more information.
Credits:
This FAQ was written 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 late 2016, Aon announced the first Australian “After the Event” (ATE) policy for claimants looking to protect themselves against a loss at trial through underwriter Ironshore Australia Pty Ltd.
ATE insurance protects claimants, whether a client or a law firm, by partially deferring payment of the premium, and payment is contingent on the success of the claim.
Eden Fletcher, National Financial Lines Placement Manager, Aon Risk Solutions Australia said this was a significant step for the Australian legal system.
“ATE insurance has been established in the UK for some time and Australian clients have been able to access the cover by going abroad. However, the overseas policies are not made with the Australian market and legislative system in mind. By being able to now access the product here, it will give clients comfort the product is fit for purpose, and is commissioned by local lawyers,” he said.
“Australia has become the most likely jurisdiction outside of the USA in which a corporation will face significant class action litigation. The risks and costs of fighting these cases are high, most are settled before they reach the courts. With a local solution now available, this provides solicitors with an opportunity to take on more cases as their client’s representative, given the client will have the protection of this insurance,” Mr Fletcher said.
The intention of this policy is not to encourage litigation, since premiums provide an incentive to settle early rather than progress deeper into trial, with the rate varying according to the stage at which the litigation is settled.
“We believe ATE insurance will be eagerly explored by law firms acting for the claimant, as it will make a higher percentage of potential class actions even more viable than present, subject to the merits of the case. When there is ATE insurance behind the case, it validates the case has a reasonable chance of success given Ironshore’s due diligence and underwriting methodology,” Mr Fletcher said.
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
