It is highly encouraged that readers view Part 1 before reading Part 2.
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The Red Dot Technique
Whilst reading, aloud or otherwise, take a pen (preferably red) and above each word you read, put a little dot above it. One, that’ll let you keep a record of much you’ve read (helpful for refocussing after interruptions), two that’ll focus your brain on each wordand three it’llfacilitate a slow and more deliberate work pace – giving you the time required to focus properly.
Feynman’s Technique
This is useful for understanding the spoken word.
Richard Feynman’s was a famous scientist, a theoretical physicist in the 70s and 80s.
His theory was to summarise what was said and parrot it back.
Perhaps nothing new but the old “so you’re suggesting that...”, “so you’re saying that...”, “so your position is…” followed by a simplified version of their words is an excellent way to elicit a clarifying response.
This is a skill as much as it is a technique. That is, its more complex than taking a pen to a piece of paper, but it will become easier with time, like any skill.
The Proof-Reading Technique
Particularly for more important documents, print out your documents and review them (whilst reading aloud and putting dots above words).
Studies have shown that people better comprehend the meaning of content when reading physical documents. The neuropathways we developed to read things physically don’t translate directly to reading things on a screen, so our brains adapt those pathways as we go along. Thing is, that adaptation takes a long time to improve to the point that it is equal in quality to the pathways used to read things physically.
As a result, your brain will focus more effectively on the physical written word than the digital, with the same or less effort.
Then, review documents a total of 5 times. Seriously, you miss stuff on the first time through, same for the third. There’s no magic in 5 times, it is just that, after 5 times, your brain has switched off and the likelihood of errors left is extremely low.
Tools – Grammarly, Chat GPT
For now, people are the dominant species of the planet. AI is out performing us in computing, reading and memorising content. Its predictive typing abilities mean it’s version of communication can come across as superior understanding. I’m sure that its modus operandi will shift away from predictive typing and into genuine understanding soon.
So, it is for us, the soon to be subservient species of the planet, to learn how to use AI to improve our own effectiveness and efficiency.
There are a plethora of resources available to assist you in better you AI and its intricacies are deep enough that it should be covered in its own course.
Having said that, ChatGPT and other similar things are trained and operate using large amounts of content. So, anything you upload is not private or confidential and may, therefore, be a breach of your ethical obligations as solicitors or soon to be solicitors.
Here, key for now is to use AI with precision. For example, it might supplement (but not supplant) your document review, or assist in proof reading (after you’ve proof read it, of course).
That is, specific questions and tasks will assist in avoiding dangerous answers that may contain inaccurate or false information.
Grammarly on the other hand, is a free AI drafting assistance tool. You can just download it, start typing and it will suggest words as a predictive AI generator as well as review your typed content. Relying on it, however, for more than improving your current best efforts or at the cost your continued improvement will decrease your overall effectiveness as a lawyer. So, use it carefully.
So there you have it, 5 ready fire techniques to improve your attention to detail:
the verbal reading technique;
the red dot technique;
Feynman’s technique;
the proof-reading technique, which isn’t entirely what you think it is;
Grammarly/tools to assist with proof reading.
Last, but not least, attention to detail is a skill. You get better with practice. Practice can suck. Practising whilst doing something that isn’t work makes the practice easier.
So, I’ve found a non-work-related task that still focuses on attention to detail are “spot the difference” games. It is literally an attention to detail game, with infinite variety.
Home work
10 more letters
2 more pleadings
20 spot the difference puzzles
Bonus tip
Put an automatic delay on all your emails of 2 minutes. Give yourself extra time to review your emails.
Author: Ben O'Brien
Hi I’m Ben O’Brien. I’m a commercial litigation lawyer with 9 years post admission experience and I’m here to assist you in improving your attention to detail.
Attention to detail is exactly what it says on the box. Broken down a little, attention to detail is focussing on details, being aware of them, assigning them meaning, retaining that meaning and utilising that information in a meaningful way.
For lawyers, that shows itself in your drafting, grammar, the results of reviewing documents, organisation/deadline setting and the manner in which you interact with your colleagues from other firms.
The best lawyers don’t miss things and attention to detail is initially a function of focus and effort.
Our brains are hardwired to:
make sense of the world;
conserve energy.
Those functions are, via the “lizard brain”, responsible for instinctive actions like flinching or ducking under incoming objects (like ducking a ball thrown at you).
Naturally those instinctive movements are survival tactics.
Relevantly, your lizard brain operates to minimize how much effort you put into focussing on a task, impeding your attention to detail. Also, the lizard brain is wired toward easy rewards, literally anything but work.
So, we need ways to work against or around our lizard brain to maintain our attention to detail.
I am going to teach you how to do this via 5strategies/techniques:
Grammarly/tools to assist with proof reading. Chat GPT
The Verbal Reading Technique
The verbal reading technique is simply reading things aloud.
Read aloud the letters you receive, the emails you receive, the contracts you receive or prepare and the disclosure you receive.
Of course, read aloud those same things you prepare.
By aloud, I mean muttering or softly speaking. Unless you have your own office, in which case, anything short of shouting will probably do.
This technique is key to identifying the real meaning of what you’re reading. Both in terms of identifying easy mistakes and distinguishing between competing shades of meaning.
Your lizard brain will want to fill in details, like predictive AI. And like predictive AI, it’ll make stuff up. Words that should be there but aren’t, removing words that are there and missing commas – all details.
An easy example is the difference between “my client is liable” and “my client is not liable.”, “your client’s offer is accepted” and “your client’s offer is not accepted.”
Reading aloud will highlight all of those errors and more.
How to practice?
Exactly as it sounds.
Navigating the courtroom as a medical expert witness can be daunting, especially when presenting complex medical opinions under the scrutiny of legal professionals. Dr Michael Likely, an esteemed psychiatrist with years of experience in giving court evidence, shares his invaluable advice on how medical experts can effectively present their findings while maintaining their credibility and professionalism.
1. Understand Your Ethical Obligations
Before stepping into the courtroom, it is crucial to refresh your understanding of the ethical code by which you practice. This ensures that your testimony remains grounded in the professional standards and moral guidelines that govern medical practice.
Dr Likely’s Advice: “Always have a copy of the medical board of ethics that we all swear to. It’s a critical reference point, especially when your professional judgment is questioned.”
2. Thoroughly Review All Materials
As a medical expert, you will be provided with documentation from both the plaintiff and defendant. It is essential to review all the materials meticulously, including your own reports and those of other medical experts.
Dr Likely’s Advice: “Reread your reports and any additional information supplied by the referring party. This also means brushing up on the technicalities of the illnesses or injuries related to the matter at hand.”
3. You’re Not on Trial
One of the most important lessons Dr Likely shares, passed down from his late mentorProfessor Basil James, is to remember that as a medical expert, you are not the one on trial. Your role is to provide an expert opinion, not to defend your professional integrity.
Dr Likely’s Advice: “Always remember, you’re not on trial. This perspective helps maintain composure and focus on the task of delivering objective, informed testimony.”
4. Be Flexible with Alternative Hypotheses
During cross-examination, barristers may propose alternative hypotheses to challenge your conclusions. It is important to be open to these suggestions and acknowledge any reasonable points they raise, while also providing clear reasoning for your own stance.
Dr Likely’s Advice: “If you’re stubborn, you’ll paint yourself into a corner and look foolish. Acknowledge valid points but present clear reasons why you disagree. This approach maintains your credibility and strengthens your evidence.”
5. Stay Within Your Expertise
While it is tempting to cover every aspect of a case, it’s crucial to stay within the bounds of your medical expertise. Remember, the legal professionals are the experts in law; your role is to inform them with your medical knowledge.
Dr Likely’s Advice: “You’re the expert in your medical field, and the lawyers are experts in their field of law. Respecting this boundary helps ensure that your testimony is both relevant and credible.”
6. Directly Address the Barrister
When giving evidence, it is good practice to address your responses directly to the barrister asking the questions. This demonstrates attentiveness and ensures clarity in communication.
Dr Likely’s Advice: “I always write down the name of the barristers so I can address my answers directly to them. It personalises the interaction and helps keep the conversation focused.”
7. Anticipate the Unexpected
Courtroom dynamics can be unpredictable. It is beneficial to prepare mentally for questions that might not align with the focus of your report or expertise.
Dr Likely’s Advice: “In one case, I was asked about the importance of a dog to a patient’s mental health. This might seem trivial, but such details can be critical in forming a comprehensive understanding of the patient’s condition.”
8. Reflect and Learn from Each Experience
After giving evidence, take the time to reflect on the experience and to seek feedback. Each trial offers a learning opportunity that can enhance your future performance and contribute to your continuous professional development.
Dr Likely’s Advice: “I often reflect after and think, ‘What did you learn from that, Mike?’ This self-assessment is key to growth and can also count towards CPD points.”
Dr Michael Likely’s insights offer a valuable roadmap for medical professionals stepping into the courtroom. By staying informed, flexible, and focused on your ethical responsibilities, you can provide clear and credible evidence that upholds the integrity of your profession. Remember, as a medical expert, your role is to assist the court in understanding complex medical issues, not to be on trial yourself.
For more insights and professional advice from leading experts like Dr Likely, stay connected with Red Health.
Dr Michael Likely’s CV Extract
This is a short extract, correct as of 19/09/2024. For Dr Michael Likely’s full CV, please contact us.
Qualifications
FRANZCP
MBBS
BSc
Accreditations
DSM IV / V
PIRS
AMA 5
CIME
Assessment Areas
PTSD | Combat Related Trauma | Anxiety | Depression | Stress | Alcohol & Substance Abuse | Addiction Medicine | Trauma | Personality Disorders | Geriatric Psychiatry | Sexual Abuse Matters | Fitness for Duty | Workplace Injury | Personal Injury Cases
Special Interests
PTSD | Combat Related Trauma | Military Personnel and Veterans | Anxiety | Depression | Stress | Sexual Abuse Matters | Fitness for Duty
Author: Red Health (Silver Corporate Sponsor)
In December 2024, Queensland Parliament passed legislative amendments which will allow juveniles to be sentenced as adults for multiple serious crimes including murder, manslaughter and burglary[1]. It is hoped that by passing these amendments it will reduce youth crime by implementing an ‘adult crime, adult time’ strategy[2].
These amendments seek to target ages 10 to 17 and enable the Court to consider a youth offender’s full criminal history at sentencing[3]. There is heavy consideration of whether these amendments will reduce or increase youth crime. However, the Liberal National Party is confident that these changes will reduce youth crime and that once the amendments have been implemented that there should be an evidence decrease in youth crime[4]. To support this legislation Queensland’s Human Rights Act 2019 will need to be overridden to allow all of these changes[5].
The Liberal National Party has expressed a willingness to strengthen the laws further if required[6]; however, these changes are the first step in discouraging youth offenders.
The serious offences include[7]:
[1] Rachel Stewart and Sarah Richards, ‘Tough youth justice law changes pass Queensland parliament, which will see juveniles sentenced as adults’, ABC NEWS (Web Page, 12 December 2024) <https://www.abc.net.au/news/2024-12-12/youth-justice-laws-pass-queensland-parliament/104716652>.
[2] Ibid.
[3] Ibid.
[4] Ibid.
[5] Ibid.
[6] Ibid.
[7] Ibid.
Effective from 26 May 2025, coercive control will be recognised by Queensland as a criminal offence.[1] Therefore, abusive behaviour by adults to a current or former spouse, family member or unpaid carer with the intention to control or coerce will be illegal.[2]
The criminal offence will aim to capture evidence including patterns of physical and/or non-physical abuse which is used to hurt, isolate, frighten, humiliate or threaten.[3] The maximum penalty to be imposed under this amendment is 14 years imprisonment; thereby, recognising the significant harm that may be caused and nature of the offence.[4]
The purpose of the amendment is to criminalise specific conduct by adults (referring to individuals over the age of 18 years) where:
[1] ‘Coercive control laws’, Queensland Government (Web Page, 16 December 2024) <https://www.qld.gov.au/community/getting-support-health-social-issue/support-victims-abuse/need-to-know/coercive-control/coercive-control-laws#:~:text=other%20support%20options-,Changes%20to%20the%20law,to%20control%20or%20coerce%20them.>.
Property held by insolvent company brief summary as per Re PBS Building (Qld) Pty Ltd.[1]
In Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth (‘Carter Holt’) it was held that a property on trust by an insolvent company or individual would be normally excluded from the division between creditors.[2] A primary purpose of the liquidator was to have regard to ‘the benefit of the personal estate of the bankrupt or insolvent person’.[3] Notably, the Court has acknowledged that the trustee may benefit personally from a trust under the right of exoneration.[4] Based on the Australian Securities and Investment Commission v Marco (No 9) case,[5] the applicant in Re PBS Building (Qld) Pty Ltd expressed that a ‘stand-alone right of entitlement’ is not limited under the Corporations Act in regards to property exceptions and may under the IPS extend to trust assets.[6] This proposition was rejected due to the proposed construction was not supported in the BIF Act and the terms in the BIF Act strictly denies administrators or liquidators the right of exoneration.[7]
[1] Re PBS Building (Qld) Pty Ltd [2024] QSC 108 (‘PBS Building’).
[2] Ibid [49]; (2019) 268 CLR 524 (‘Carter Holt’).
[3] Carter Holt [27] per Kiefel CJ, Keane and Edelman JJ.
[4] Ibid [28].
[5] (2021) 399 ALR 735.
[6] PBS Building (no 1) [49].
[7] Ibid [50, 51].
Writing email correspondence and communicating with FCFCOA officers can become confusing as it can feel like it is ‘everchanging’. I did not even realise that I had made a mistake until GCDLA committee member Guy told me. Guy further told me that this is a mistake that even well-versed lawyer’s struggle with, which can result in error in correspondence in emails and in the court room.
There are 5 types of FCFCOA judicial officers, and this list can be used as a guide to double check correspondence or as a refresher before heading to Court.
If you are unsure whether you are addressing an individual correctly ask your colleagues and if you are told about a mistake you have made, take it with grace. The only way you will know if a mistake has been made is if you have been told and what better way is there to improve?
What are some other common errors that new practitioners and veteran lawyers make? Email info@gcdla.com.au and let us know.
Author: Lara-Jane Mackie
To succeed in law school is not shown only in a reflection of good grades. All students want to do well yet the truth is law school for the most part will only teach you the theory and basics; however, there are many other attributes and opportunities available to students to aid their success:
Terri Mottershead presented at the 2024 QLS GCDLA Symposium with a topic called : AI in legal practice – the challenges, opportunities and everything in between!
These are my thoughts and takeaways from Terri’s presentation.
Top thoughts about AI
It is less about what you know and more about how you apply it.
Be Aware
The Challenge
We are charged by our ethical rules and our fiduciary duties to act in our client’s best interests. We are their advocates, and they are our bread and butter.
But it is not client advocacy at all costs, is it?
We’ve all come across someone who takes every point, fights every suggestion and never concedes an inch. We’ve also all seen what that does to our client’s invoices.
The reality is what is in the best interests for our clients is the efficient resolution of the real issues in dispute. It keeps costs down; it lets people move on emotionally and it focuses on the areas that will deliver maximum value to our clients.
We are also charged by our ethical rules to be honest and courteous in all of our dealings and, in a lesser-known rule (rule 34 ASCR), to avoid tactics that are primarily designed to frustrate or embarrass another person (including another solicitor).
Less than courteous dealings take innumerably varied forms in terms of tone, actions and words used.
The Court Legal Profession Complaints Committee v in de Braekt [2013] WASC 124 found that the solicitor’s tone in communicating with prosecutors formed part of a series of incidents that warranted their name from being removed from the roll of lawyers.
LSJ Media, the online journal of the NSW Law Society, published an article in 2022 discouraging describing our colleagues as disingenuous, mischievous, egregious, misleading, specious, inept (or demonstrating ineptitude).
Hearsay published an article in 2023 commenting that swamping an opponent with numerous letters or emails without a valid reason may, itself, constitute discourteous behaviour. Swamping a colleague with phone calls necessarily falls into the same category. Depending on the content of the communications, the need for repeated (and perhaps unanswered) communications in short succession and the surrounding context, such communications may be considered conduct primarily designed to frustrate another person (contrary to rule 34).
A properly organised solicitor is, the majority of the time, likely to need to send only one unanswered communication (excluding well-spaced follow-ups) insofar as a single matter or topic is concerned which usually does not need a response for several days (allowing for all practitioners having various demands on their time).
Whilst the value of courteous and civil communication has been extolled previously, the simplest expression may be “you catch more flies with honey than vinegar”.
Events
GLAD - GOLD COAST LAWYERS ACHIEVING DEVELOPMENT - 4 Feb 2019
MEET THE JUDICIARY BREAKFAST - 8 Feb 2019