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Practice Tips

The mysterious magic of routines

magician hat

As a child, did you step carefully over every sidewalk crack? Tap each post of the hockey net before settling into the crease? Wear your lucky socks to every law school exam? Even those of us who scorn superstition rely on routines and rituals for our own protection: we swallow a daily multivitamin, fasten our… Read More »

Categories: 2017 August Managing Change, Articles, Communications Errors, Content Type, LAWPRO Magazine, LAWPRO Magazine Article Type, Practice Tips, Topics

5 year rolling administrative dismissal date: Rule 48 after January 1, 2017

Man running from boulder

LawPRO reminds lawyers that on a rolling basis beginning January 1, 2017, matters commenced on or after January 1, 2012 will be automatically dismissed five years after they were commenced. Remember, the courts will dismiss actions without sending notices of any type to parties or their lawyers. Update internal firm systems to tickle all relevant… Read More »

Categories: 2017 February Neuroscience, Admin dismissals/Rule 48, Areas of Law, Civil Litigation, LAWPRO Magazine, LAWPRO Magazine Article Type, Personal injury, Practice Tips, Time Management

Pre-2012 matters not set down will be automatically dismissed January 1, 2017

Rule 48 on calendar

As we move through September, LawPRO urges lawyers to review their litigation files and make sure they are proceeding as appropriate. The clock is ticking and time is running out! Remember, under the new Rule 48.14 of the Rules of Civil Procedure, matters commenced before January 1, 2012 will be automatically dismissed – without notice… Read More »

Categories: 2016 September A2J, Admin dismissals/Rule 48, Articles, Civil Litigation, Limitation Periods, Practice Tips, Time Management

Potential claims related to serving Indigenous clients

We hope that January 2016 issue of LAWPRO Magazine has contributed to your understanding of the incredible breadth and complexity of “Aboriginal law.” We would not be fulfilling our risk management mandate, however, if we didn’t contribute our own perspective as claims prevention specialists. To avoid claims, lawyers need to know how they develop. What… Read More »

Categories: 2016 January Indigenous, Aboriginal, Articles, Communications Errors, Failure to Know The Law, Features, Inadequate Investigation, Indigenous clients, Practice Tips

OHIP subrogated claims

Counsel liability issues raised by OHIP subrogated claims Counsel representing clients who seek compensation for injuries caused by another’s negligence or wrongdoing are encouraged to be mindful that the Ministry of Health and Long-Term Care may also be entitled to recover its costs for health care and medical treatment provided to the injured party from… Read More »

Categories: 2016 January Indigenous, Articles, Civil Litigation, Communications Errors, Failure to Know The Law, Personal injury, Practice Tips

Access to justice: Limited scope representation

Increasingly, legal services are moving away from the full-service model. Outsourcing document review, e-discovery, and other discrete legal services are becoming more common-place. Small practitioners and larger firms alike can offer limited scope representation, or “unbundled” representation, which let clients pick and choose when they want to engage with a lawyer during the life of… Read More »

Categories: 2015 September Blue Sky, Access to Justice, Articles, Civil Litigation, Communications Errors, Limited scope retainer/unbundling, Practice Tips

Risk management strategies to reduce your risk of a claim under the new Rule 48.14

Rule 48 on calendar

Effective January 1, 2015, a new Rule 48.14 brought significant changes to the administrative dismissal regime in Ontario. After several hundred claims and more than $7 million in claims costs over the last three years, LAWPRO was happy to see old Rules 48.14 and 48.15 revoked. However, while LAWPRO believes the new rule will stem… Read More »

Categories: 2015 February - LAWPRO 20th, Admin dismissals/Rule 48, Articles, Civil Litigation, Practice Tips, Time Management

Don’t get duped: 20 red flags of bad cheque fraud you should recognize

Lawyers in all areas of practice continue to be the frequent targets of bad cheque scams. These scams involve debt collections, business loans, IP licensing disputes or spousal support payments. While it appears Ontario lawyers are increasingly aware of these frauds, occasionally some are being duped into disbursing funds on a bad cheque they have… Read More »

Categories: 2015 February - LAWPRO 20th, Articles, Cyber dangers, Fraud, Practice Tips

Manage malpractice risk by recognizing cultural diversity

In the social realm, cultural differences can be awkward for those on both sides; but in the context of legal services, cross-cultural misunderstandings and other culture-related factors can occasionally lead to malpractice claims against lawyers. The good news: claims with a cultural component are easily preventable as they tend to reflect certain recurring themes. One… Read More »

Categories: 2014 September Diversity, Articles, Civil Litigation, Communications Errors, Criminal Law, Diversity, Practice Tips, Real Estate
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