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Factsheets

Franchise Law Malpractice Claims Fact Sheet

woman in coffee shop

Acting on franchise matters can be particularly risky for lawyers. While some franchisors are large multinationals, many are small, relatively unsophisticated businesses. They are running a “mom-and-pop-style” family business; they are usually financially (and more importantly, emotionally) invested in the business, and they have scraped together their life savings to open the franchise. These characteristics… Read More »

Categories: Factsheets, Franchise

IP Malpractice Claims Fact Sheet

lightbulb drawing

Clerical errors are the most common cause of IP claims, representing one third of the claims in this area of law. Missed deadlines are also a very common cause of claims. However, the actual costs of these errors is relatively low as they can sometimes be repaired or there are no damages. The more costly… Read More »

Categories: Factsheets, Intellectual Property

Corporate/Commercial Malpractice Claims Fact Sheet

While the number of LAWPRO claims involving corporate and commercial law has declined in recent years, the average cost for this type of claim remains the highest of all areas of law. The most common source of corporate/commercial claims are lawyer/client communication issues. Claims occur because there are misunderstandings or when the client’s instructions are… Read More »

Categories: Corporate Law, Factsheets

Real Estate Malpractice Claims Fact Sheet

hand holding house keys

As the price of real estate in Ontario has steadily risen, so has the dollar value of real estate claims, making it the costliest area of law for LAWPRO. Breakdown in lawyer/client communication is the most common cause of real estate claims. Busy, high-volume practices often lead to situations where the lawyer is not taking… Read More »

Categories: Factsheets, Real Estate

Wills & Estates Malpractice Claims Fact Sheet

pen writing My Last Will

Malpractice claims in wills and estates practice have increased steadily over the last decade, nearly doubling in frequency. Communications issues (often at the time the will is drafted) are the biggest source of these claims. Too many lawyers are not truly listening to the client’s instructions and not probing and questioning the client to uncover… Read More »

Categories: Factsheets, Wills & Estates

Family Law Malpractice Claims Fact Sheet

Given the stress and emotions involved in their matters, family law clients can be among the most difficult to deal with. Many have unrealistic expectations regarding the process, timing, costs, and potential outcomes of their matters. You can significantly reduce your claims exposure by confirming in writing the information your client provides to you, your… Read More »

Categories: Factsheets, Family

Criminal Law Malpractice Claims Fact Sheet

hands on jail bars

LAWPRO sees a lower number of malpractice claims flowing from criminal cases as compared to other areas of law, but criminal claims have been trending up in recent years. Lawyer/client communication errors cause 54% of the criminal claims – no other area of law comes close to this figure. No doubt this reflects the nature… Read More »

Categories: Criminal Law, Factsheets

Litigation Malpractice Claims Fact Sheet

judge gavel

Litigation claims, always near the top of the LAWPRO claims count (alternating some years with real estate), saw an increase after 2009 due to Rule 48 administrative dismissals. New amendments to Rule 48.14 as of January 2015 should reduce these claims, but there are still risks that the new processes, deadlines and transition provisions will… Read More »

Categories: Civil Litigation, Factsheets
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