Family
In Defence of Our Insureds in 2017
LAWPRO defends actions against lawyers and licensed paralegals practising in every area of the law. In our February issue, we highlighted 2017 civil litigation claims. Family law A plaintiff hired a lawyer to handle certain financial matters, including the drafting of a prenuptial agreement, in preparation for her upcoming marriage. It eventually came to light… Read More »
Categories: 2018 May Year in Review 2017, Areas of Law, Articles, Casebook, Civil Litigation, Content Type, Corporate Law, Family, LAWPRO Magazine, LAWPRO Magazine Article Type, Real Estate, Tax, Year in ReviewEnding well means starting right: The family law intake process
The most critical step in any family law case is when clients meet with prospective counsel. That meeting establishes the nature of the relationship, a preliminary game-plan, and each party’s expectations of the other. Most clients approach that inaugural meeting with considerable anxiety. Most have never dealt with a lawyer, and certainly not with respect… Read More »
Categories: 2018 February Top Legal Disruptions, Areas of Law, Articles, Communications Errors, Content Type, Difficult clients, Family, Inadequate Investigation, LAWPRO Magazine, LAWPRO Magazine Article Type, Malpractice Errors, Practice Tips, Retainers, TopicsUnbundled Legal Services – A Family Lawyer’s Guide
Focusing on family law practitioners, Unbundling Legal Services is a particularly appropriate resource given the unique promise that unbundling holds for family law litigants. In many jurisdictions, self-representation rates are highest in family cases. But, as any family law attorney (or family court litigant) knows, these are the case types that arguably benefit most from… Read More »
Categories: Book, Family, Limited scope retainer/unbundlingCriminal charges and family breakdown: Resources for growing your understanding of the impacts
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, FamilyChildren of The Marriage Form
Ensure you collect the information you need regarding children of the marriage. This includes names, dates of birth, schools and grades, residences, and specifics of custody arrangements sought. This Form is from LAWPRO’s Domestic Contract Matter Toolkit. It provides advice, forms and checklists that lawyers and law firms can use to lessen the risk of… Read More »
Categories: Family, PrecedentsFamily Law Malpractice Claims Fact Sheet
Given the stress and emotions involved in their matters, family law clients can be among the most difficult to deal with. Many have unrealistic expectations regarding the process, timing, costs, and potential outcomes of their matters. You can significantly reduce your claims exposure by confirming in writing the information your client provides to you, your… Read More »
Categories: Factsheets, FamilyDomestic Contract Matter Post-Meeting Client Assignment Sheet
Getting the final document of a domestic contract right requires diligent management of the file, a thorough investigation into the client’s circumstances, a consideration of relevant law, and the careful drafting of the provisions of the agreement. This sheet gives the client a list of the information that they will need to collect after the… Read More »
Categories: Checklist, FamilyDomestic Contract Matter Toolkit
Domestic contracts are complex documents that deal with complicated issues involving emotional clients. The dangers are real and there are many places that errors can occur. The good news is that the risks involved in handling domestic contract matters can be greatly reduced. This toolkit is designed to help Ontario lawyers proactively take steps to… Read More »
Categories: Family, ToolkitDomestic Contract Review & Signing Checklist
Preparing a domestic contract requires a number of steps, from gathering information, requesting financial disclosure, checking for conflicts of interest, raising or resolving tax issues, discussing billing, and communicating outcomes and associated risks. This checklist will help you cover all the bases. This Form is from LAWPRO’s Domestic Contract Matter Toolkit. It provides advice, forms… Read More »
Categories: Checklist, FamilyDomestic Contract Matter Intake Form
Like most other areas of law, lawyer/client communications issues can play a significant role in domestic contract claims. The complexity of the subject matter makes it easy for clients to allege there were communication problems or errors. They will say that provisions were not explained to them, that they didn’t understand them or that they… Read More »
Categories: Family, Precedents