Civil Litigation
Civil litigation claims: What we saw in 2017
Claims against litigators are the largest area-of-law subset in LAWPRO’s claims portfolio. The rate of increase in claims in this area outstrips all others, and is an increasing source of concern.In the past two years, we have focused on the claims impact of the changes to Rule 48 of the Rules of Civil Procedure. Judgments… Read More »
Categories: 2018 February Top Legal Disruptions, Admin dismissals/Rule 48, Areas of Law, Articles, Casebook, Civil Litigation, Content Type, LAWPRO Magazine, LAWPRO Magazine Article Type, Limitation Periods, Malpractice Errors, Time Management, TopicsCivil litigation levies evolve to reflect risks
No lawyer in private practice is immune to professional indemnity claims. However, over 20 years’ experience insuring the Ontario bar has made it clear to LAWPRO analysts that claims risk varies with area of practice. Lawyers who practise real estate or civil litigation face a significantly higher risk of claims than those who practise in… Read More »
Categories: 2017 September - Insurance Issue 2018, Articles, Civil Litigation, Content Type, Errors & OmissionsLitigation 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 ManagementRetainers
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, Retainers