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Criminal Law

No conviction doesn’t mean no consequences: What are the implications of criminal investigation for your clients?

basketball players and coach

For a client charged with a criminal offence, the dismissal of charges (or acquittal at trial) can be a source of immense relief. For many accused, the elation of avoiding conviction can feel like a new beginning. As a criminal lawyer, it can be difficult to throw cold water on those feelings of elation. However,… Read More »

Categories: Communications Errors, Criminal Law

Gladue developments and what lawyers need to know

In its 2017 budget, announced on April 27, 2017, the Ontario Liberal government pledged $44.2 million over two years for investment into justice system supports for Indigenous people, including both expansion of the Gladue court system and new services for Indigenous victims of crime. In order for these changes to make a difference, lawyers need… Read More »

Categories: Criminal Law, Indigenous clients

Report ineffective assistance allegations promptly to access expert help

lawpro logo

In a recent article in Advocate Daily, writer Peter Small reported on criminal lawyer Lindsay Daviau’s recommendation that lawyers call LAWPRO promptly upon learning that a former client has alleged ineffective assistance by trial counsel as a ground for appeal. Daviau has been retained by LAWPRO in the past to represent lawyers facing these kinds… Read More »

Categories: Criminal Law

Criminal charges and family breakdown: Resources for growing your understanding of the impacts

young girl

At the OBA’s solo and small firm conference a few years ago, lawyer Russell Alexander gave this advice to family lawyers: know a criminal lawyer – one you trust and can recommend with confidence. His reason? Family law clients sometimes get arrested. When they do, and they’re cautioned, the family lawyer’s number is the one… Read More »

Categories: Criminal Law, Family

Conditional sentences don’t count as imprisonment for purpose of “serious criminality” deportations

In its unanimous decision in Tran v. Canada (Public Safety and Emergency Preparedness), released on October 19, the Supreme Court of Canada confirmed that a 12-month conditional sentence is not equivalent to imprisonment for the purpose of s. 36(1)(a) of the Immigration and Refugee Protection Act (IRPA). The IRPA allows Canada to deport a permanent… Read More »

Categories: Criminal Law

Criminal Law Malpractice Claims Fact Sheet

hands on jail bars

LAWPRO sees a lower number of malpractice claims flowing from criminal cases as compared to other areas of law, but criminal claims have been trending up in recent years. Lawyer/client communication errors cause 54% of the criminal claims – no other area of law comes close to this figure. No doubt this reflects the nature… Read More »

Categories: Criminal Law, Factsheets

LAWPRO defends lawyers: Opposing inappropriate expansion of lawyer’s scope of responsibility

knight

Advising clients of their rights on a legal matter is a significant responsibility and lawyers have a duty to discharge it with competence and care. But when defending a negligence claim where clients seek to hold lawyers accountable for the unfavourable results of their own business or strategic decisions, LAwPRO’s defence counsel don’t hesitate to… Read More »

Categories: 2015 May - Review of 2014, Articles, Casebook, Civil Litigation, Corporate Law, Criminal Law, Real Estate

20 years of LAWPRO leading cases

20 years of lawpro magazine cover

While Ontario lawyers will appreciate that LAWPRO defends them on legal malpractice claims, they may not appreciate the breadth of legal issues that come up in those claims. This article highlights leading or significant cases that LAWPRO litigated over the past 20 years, some of which dealt with legal issues and principles that are relevant… Read More »

Categories: 2015 February - LAWPRO 20th, Admin dismissals/Rule 48, Articles, Casebook, Civil Litigation, Criminal Law, Limitation Periods, Wills & Estates

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

Informed, documented plea instructions protect you from claims

judge gavel

Though the rate of malpractice claims flowing from criminal cases is lower than in other areas of law, the number of claims in this area is on the rise, and for many of the same reasons we see in other areas. The most frequent cause? Issues with lawyer-client communication. An area of particular vulnerability to… Read More »

Categories: Areas of Law, Articles, Communications Errors, Content Type, Criminal Law, Inadequate Investigation, Malpractice Errors
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