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Under workplace health and safety laws, your employer has significant obligations to provide a safe workplace, and that includes emotional and psychological safety, as well as physical safety.

A workplace that tolerates bullying, harassment, or serious overwork is not a safe workplace.

There is also a specific conduct rule that specifies that a lawyer must not engage in conduct that constitutes discrimination, sexual harassment or workplace bullying.

What you can do

Below is a list of actions you might wish to take if you feel you are experiencing bullying at work. The course of action you choose will depend on the nature of the bullying and your workplace.

• If you can, tell the person the behaviour is unreasonable/inappropriate, that you are offended and want it to stop.
• Get advice from your health and safety representative (HSR).
• Keep a record of events that includes the names of people involved, for example, witnesses. Make sure the records focus on the facts of the situation, what happened, including dates and times and, if possible, copies of any documents.
• Use the workplace or occupational health and safety (OHS) procedure to report the situation.
• Seek professional counselling and/or advice.
• Talk to people you trust at your workplace, for example, a supervisor, manager, HSR, union representative or someone from human resources.

WorkSafe has comprehensive information about workplace bullying and can provide information and support via their Advisory phone service.

There are also other agencies that can help:

• Fair Work Commission
• Fair Work Ombudsman
• Victoria Legal Aid
• Australian Human Rights Commission
• Victorian Equal Opportunity and Human Rights Commission
• Victoria Police
• Beyond Blue
• Lifeline.

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Agreed Pricing 

Agreed Pricing, also known as Value Pricing, is an arrangement in which a lawyer and a client agree on a price up front for the lawyer’s services in a matter. It is based on an agreed scope of services and the price is a fair reflection of the client’s perception of value.  It is also seen in productised services where a lawyer offers a defined scope of service for a publicly stated price. 

In non-litigious matters, some agreed pricing arrangements can include contingency fees – that is, the ultimate price is contingent on certain agreed goals and outcomes being met, for example a package of work being finished by a particular date or contract negotiations meeting certain goals.  While s.183 of the Uniform Law strictly prohibits contingency pricing in litigious matters, the prohibition does not extend to non-litigious matters.   

Frequently asked questions about Agreed Pricing

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Subscription Pricing 

Subscription pricing describes a number of different arrangements where the common factor is a regular set payment for work within a defined scope. For example, a law practice may contract with a client that, in return for a flat monthly fee, the client can contact the lawyer for a specified number of advice consultations per month without additional charge.  

‘Subscription pricing’ might also describe a flat pricing arrangement for services like bulk standard leasing or high volume, low value personal injury claims for an insurer. The services covered by the arrangement are generally defined and any work outside the scope is the subject of a separate agreement. 

Frequently asked questions about Subscription Pricing

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Online resources

There is a wide range of online CPD resources available. We provide funding to the Law Library of Victoria to help them offer two online CPD courses covering legislation and case law. These are free to all Victorian lawyers. For more information, visit the Law Library website.

Guide for CPD providers - ethics education

Embedding legal ethics education across the four mandatory CPD subject streams

The Royal Commission into the Management of Police Informants (RCMPI) highlighted the importance of continuing ethics education for lawyers and recommended that legal ethics education be embedded across the four streams of CPD.  This finding was consistent with our Getting the Point review.

We have developed a guide for CPD providers highlighting ways they can incorporate ethics principles and issues in non-Ethics CPD stream topics, to underline the importance of legal ethics education across all areas of legal practice.  The guide also contains information for providers on how to strengthen legal ethics education within the Ethics CPD stream through greater use of interactive, scenario-based learning.

While the guide is for CPD providers, it contains important information that will assist lawyers in choosing the most useful ethics CPD for their role and development needs.  

The guide contains a list of ethics topics that could be explored exclusively or within the context of substantive law, practice management or professional skills CPD subjects.  

We welcome your ideas and feedback on further topics you see emerging for consideration. You can send feedback to CPDreview@lsbc.vic.gov.au 

You can download a copy of the new guidance here.

Changes for solicitors 2021/22

For the last two years we have removed the cap of 5 hours on private study of audio/visual material due to the pandemic. The cap will be reinstated from this year. It is important to note that online interactive study (such as participating in an online seminar with interactive elements) is not counted as ‘private study of audio/visual material’ and there is no cap for this type of professional development.

Many lawyers told us during the review that there was a lack of clarity around the meaning of these terms in the CPD Rules. Further guidance about what we consider ‘private study of audio visual material’ and what is ‘online interactive study’ is available on our 'Your CPD obligations' page.

Key topic areas for 2021/22

The findings of our 2020 report, and recent South Australian findings about the prevalence of harassment within the legal profession, suggest that lawyers should focus on sexual harassment in the workplace when planning their CPD year. 

Look for CPD sessions that go beyond basic facts (e.g. describing the legal definition of sexual harassment) to examine the types of less obvious behaviours that can constitute this conduct. Training should include information about what you can do if you experience or witness sexual harassment, as well as how to take a leadership role within the profession to prevent and address sexual harassment. Ask CPD providers whether their sessions address these issues.  

The manifestations and implications of family violence is also a topic you should consider, particularly if you practice in family law, criminal law or other areas that deal directly with members of the community.  

Leaders within the profession should consider refreshing and deepening your understanding of your workplace health and safety obligations in the post-COVID flexible working environment. This includes your obligations to address bullying and other forms of harassment, equal opportunity and anti-discrimination. CPD in this area could also assist you to identify ways to provide support to your staff to maintain wellness and balance.

How to plan your development

Getting the Point identified that reflection and planning of CPD would assist lawyers to proactively identify the types of CPD activities and topic areas that are practical and relevant to their area of practice, nuanced to their level of experience and targeted to their particular legal position. 

Your reflection could involve identifying emerging gaps in your knowledge and skills and thinking about current and emerging risks and challenges, such as technological developments or changes to the law.  You could consider sense testing the robustness of your reflection with your mentors and colleagues.

When planning for your education for 2021-22, reflect on your needs and seek out sessions that offer:

• interactivity and active participation 
• scenario-based problem solving, particularly for ethics activities
• smaller groups, break-out sessions and longer formats
• a level of discussion that is nuanced to your experience, practice area and your role and position
• an expert in the field who is an engaging presenter – look at reviews if you are not sure
• a range of formats for achieving your CPD such as a discussion group or preparation of a journal article
• activities with learning outcomes that align with your development goals and include a topic that is new and presents a challenge to your current knowledge or way of practising.