Civil Litigation
Rule 48.14 Firm Transition Checklist
While tasks and deadlines are handled by lawyers and staff working on individual files, firm systems and processes are critical to ensuring deadlines are not missed and that files are kept moving. The changed deadlines and processes under the new Rule 48.14 introduce new claims risks that may trap the unwary lawyer. Please keep in… Read More »
Categories: Admin dismissals/Rule 48, Checklist, Civil LitigationRetainers
Model retainers and agreements are provided by LAWPRO for your consideration and use when you draft your own documents. They are not meant to be used “as is”. Their suitability will depend upon a number of factors, such as the current state of the law and practice in each area of law, your writing style,… Read More »
Categories: Civil Litigation, PrecedentsLitigation Malpractice Claims Fact Sheet
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, FactsheetsClient Trial Preparation Checklist
Prepare your client for the ups and downs of trial with this customizable checklist, which covers topics to discuss with your client, including process, timing, outcomes, risks and costs. From managing emotions to the day-to-day workings of a trial, the checklist covers important topics to discuss with your client in preparation for trial. Below are… Read More »
Categories: Checklist, Civil Litigation, Communications ErrorsRepairing errors to head off claims
Timely efforts by LawPRO to “repair” errors committed by lawyers save the Ontario bar millions of dollars every year. To preserve these repair opportunities, lawyers should contact us as soon as it becomes clear that a mistake may have been made on a file. LawPRO successfully argues for rectification of a will provision A multi-million… Read More »
Categories: 2017 May - 2016 Annual Review, Articles, Civil Litigation, Errors & Omissions, Wills & Estates, Year in Review5 year rolling administrative dismissal date: Rule 48 after January 1, 2017
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 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/unbundlingAlternative fee arrangements in litigation
In recent years more focus has turned to alternative fee arrangements as a way to offer clients more predictable costs and affordable legal services. Hughes Amys LLP, based out of Hamilton and Toronto, offers alternative fee arrangements which have proven successful for them. Here is a look at how they’ve done it. “We’ve been doing… Read More »
Categories: 2016 September A2J, Articles, Civil Litigation, Features, Finances, RetainersPre-2012 matters not set down will be automatically dismissed January 1, 2017
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 ManagementLAWPRO repairs in 2015: Resuscitating dismissed actions
In the past few years, LAWPRO’s claims repair program has been increasingly occupied with the work of attempting to restore actions to the trial list. Rule 48, which permits the administrative dismissal of actions for delay, has been responsible for over $10 million in claims costs over the past three years. LAWPRO in-house and defence… Read More »
Categories: 2016 May - Year in Review 2015, Admin dismissals/Rule 48, Articles, Casebook, Civil Litigation, Limitation Periods, Year in Review