Inadequate Investigation
Litigation claims on the rise
In recent years, the growth in civil litigation claims has outstripped the overall growth in claims. For example, from 2006 through 2010 LAWPRO received an average of 708 civil litigation claims each year, and during 2011 through 2015, the average increased to 948 each year. This growth of 34 per cent vastly exceeds the 7… Read More »
Categories: 2017 August Managing Change, Admin dismissals/Rule 48, Areas of Law, Articles, Civil Litigation, Communications Errors, Content Type, Dabbling, Features, Inadequate Investigation, LAWPRO Magazine, LAWPRO Magazine Article Type, Limitation Periods, Time ManagementReduce communication-related claims by understanding cognitive bias
Understanding cognitive biases can help reduce communication-related claims, which are the biggest source of malpractice claims. While many cognitive biases are dealt with by following some common sense principles, others are not as obvious. From anchoring effect to decision fatigue, knowing how your client makes decisions can help you build rapport with your clients, effectively… Read More »
Categories: 2017 February Neuroscience, Communications Errors, Features, Inadequate Investigation, LAWPRO Magazine, LAWPRO Magazine Article TypeCommon practice pitfalls: How to avoid them
Lawyers’ Professional Indemnity Company (LawPRO) was created to insure lawyers against legal malpractice claims. Most (though not all) claims are brought by a lawyer’s own client and include an allegation that the lawyer made a mistake or did not meet the standard of care expected when delivering legal services. No lawyer is immune to a… Read More »
Categories: 2017 Student Issue No 5, Admin dismissals/Rule 48, Articles, Communications Errors, Features, Inadequate Investigation, Law students/new lawyers, Time ManagementLimited scope representation: With the right safeguards, possibilities abound
A self-represented family law litigant anxiously prepares for a hearing, which can resolve months, if not years, of anxiety, and determine the litigant’s financial and family affairs in the near future. Retaining a lawyer from cradle to grave is out of budget for this litigant. What to do? Relief is around the corner – a… Read More »
Categories: 2016 September A2J, Access to Justice, Articles, Civil Litigation, Communications Errors, Family, Features, Inadequate Investigation, Limited scope retainer/unbundlingCommon practice pitfalls: How to avoid them
Lawyers’ Professional Indemnity Company (LAWPRO) was created to insure lawyers against legal malpractice claims. Most (though not all) claims are brought by a lawyer’s own client and include an allegation that the lawyer made a mistake or did not meet the standard of care expected of him or her when delivering legal services. No lawyer… Read More »
Categories: 2016 Student Issue 4, Articles, Communications Errors, Failure to Know The Law, Inadequate Investigation, Law students/new lawyers, Limitation Periods, New Lawyers, Time ManagementProviding high quality service to Indigenous clients
Just as the final research for this article was being completed in November, newly-elected Prime Minister Justin Trudeau announced his Cabinet, including the appointment of Jody Wilson-Raybould as Minister of Justice and Attorney General. The next morning, a cautiously hopeful mood filled the room as a group of Aboriginal lawyers gathered at the Law Society… Read More »
Categories: 2016 January Indigenous, Aboriginal, Articles, Communications Errors, Dabbling, Diversity, Failure to Know The Law, Features, Inadequate Investigation, Indigenous clientsPotential 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 TipsHow unhealthy lawyers affect client service
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, WellnessWhat do title insurers expect from lawyers?
Still relatively new in Canada, title insurance is not fully understood by many consumers. Even certain less-sophisticated lenders lack detailed knowledge of the product. The responsibility for explaining title insurance to those who purchase it – and for supporting insureds in obtaining coverage that suits their needs – falls squarely on lawyers’ shoulders. Lawyers are… Read More »
Categories: Areas of Law, Articles, Communications Errors, Content Type, Inadequate Investigation, Real Estate, Title insurance, Topics