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, FamilyFamily 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 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, ToolkitLimited 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/unbundlingLAWPRO defends its insureds in 2015
When identifying cases that merit a formal defence (or appeal), LAWPRO counsel consider a range of strategic factors, including whether the case has the potential to alter the standard of care applicable to professional legal services. This article summarizes a sampling of those claims in defence of which we went to court in 2015. Family… Read More »
Categories: 2016 May - Year in Review 2015, Articles, Casebook, Civil Litigation, Family, Real Estate, Year in ReviewDealing with a self-represented litigant who really needs legal advice
Self-represented litigants are a challenging reality in today’s legal landscape. In addition to the extra time and effort that can make dealing with a self-rep more expensive for your client and more frustrating for you, it seems there is a greater potential for a malpractice claim. This is highlighted by the number of claims LAWPRO… Read More »
Categories: 2016 January Indigenous, Articles, Civil Litigation, Communications Errors, Could This Happen to You?, Difficult clients, FamilyRecoveries and repairs: 2013 review
LAWPRO staff actively pursue recovery costs throughout the year. In some cases, a party other than the insured is found liable for all or part of a loss that is the subject of a claim. We take all reasonable steps to obtain reimbursement from these parties, no matter the amount, because the recovery of these… Read More »
Categories: 2014 June - Year in Review 2013, Admin dismissals/Rule 48, Articles, Casebook, Civil Litigation, Family, Limitation Periods, Year in Review