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Communications Errors

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

Dealing with a self-represented litigant who really needs legal advice

Self-represented litigants are a challenging reality in today’s legal landscape. In addition to the extra time and effort that can make dealing with a self-rep more expensive for your client and more frustrating for you, it seems there is a greater potential for a malpractice claim. This is highlighted by the number of claims LAWPRO… Read More »

Categories: 2016 January Indigenous, Articles, Civil Litigation, Communications Errors, Could This Happen to You?, Difficult clients, Family

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

How unhealthy lawyers affect client service

man holding head

Almost all lawyers experience stress, but unless it becomes toxic, there is little risk to the client. Occasionally things get truly out of control. That’s when important deadlines are missed, communication with the client diminishes (or ends), and files languish. In extreme cases, the lawyer ‘pretends’ to practice by misrepresenting to the client that work… Read More »

Categories: 2015 September Blue Sky, Articles, Communications Errors, Conflicts of Interest, Firm Management, Inadequate Investigation, Time Management, Wellness, Wellness

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

Demystifying condominiums with better communication

condo tower

Condominium ownership has a unique set of rules and responsibilities. Helping your clients understand what they are getting into can reduce your risk of a malpractice claim. Start off on the right foot at the beginning of your relationship by sending a detailed retainer letter setting out what you will or will not be doing… Read More »

Categories: 2015 February - LAWPRO 20th, Articles, Communications Errors, Real Estate, TitlePLUS

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

Resolve to get your practice off to the best possible start

sign that says Your Lawyer

Professional liability claims can take the wind out of the sails of anyone’s legal career, but can be especially demoralizing for a new lawyer. Your best chance at avoiding claims is to develop great working habits right from the start. Here are some practice ‘resolutions’ that you may want to consider. Want more? Read the… Read More »

Categories: 2014 Student Issue 2, Articles, Civil Litigation, Communications Errors, Corporate Law, Criminal Law, Family, Law students/new lawyers, Legal Careers, New Lawyers, Real Estate, Wellness, Wills & Estates

Draw clients a roadmap to avoid communication claims

Our readers should now be well aware that problems with lawyer-client communication are the number one cause of malpractice claims. Managing communication takes patience and effort: at one extreme of the spectrum, responding to calls and messages from clients who want constant contact can be frustrating; while at the other end, trying to get absentee… Read More »

Categories: 2013 December Cybercrime, Articles, Communications Errors, Practice Tips

Steer clear of real estate claims by asking these five questions on every deal

The real estate lawyer’s job is more than just conveying title, and not every matter will be straightforward. Communication errors and inadequate investigation are the biggest causes of real estate claims at LAWPRO, respectively 41 per cent and 26 per cent of claims reported between 2001 and 2011. Busy, high-volume practices often lead to situations… Read More »

Categories: 2013 September practicePRO 15th, Articles, Communications Errors, Inadequate Investigation, Real Estate
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