Areas of Law
Franchise Law Malpractice Claims Fact Sheet
Acting on franchise matters can be particularly risky for lawyers. While some franchisors are large multinationals, many are small, relatively unsophisticated businesses. They are running a “mom-and-pop-style” family business; they are usually financially (and more importantly, emotionally) invested in the business, and they have scraped together their life savings to open the franchise. These characteristics… Read More »
Categories: Factsheets, FranchiseIP Malpractice Claims Fact Sheet
Clerical errors are the most common cause of IP claims, representing one third of the claims in this area of law. Missed deadlines are also a very common cause of claims. However, the actual costs of these errors is relatively low as they can sometimes be repaired or there are no damages. The more costly… Read More »
Categories: Factsheets, Intellectual PropertyCorporate/Commercial Malpractice Claims Fact Sheet
While the number of LAWPRO claims involving corporate and commercial law has declined in recent years, the average cost for this type of claim remains the highest of all areas of law. The most common source of corporate/commercial claims are lawyer/client communication issues. Claims occur because there are misunderstandings or when the client’s instructions are… Read More »
Categories: Corporate Law, FactsheetsReal Estate Malpractice Claims Fact Sheet
As the price of real estate in Ontario has steadily risen, so has the dollar value of real estate claims, making it the second most costly area of law for LAWPRO. Breakdown in lawyer/client communication is the most common cause of real estate claims. Busy, high-volume practices often lead to situations where the lawyer does… Read More »
Categories: Factsheets, Real EstateWills & Estates Malpractice Claims Fact Sheet
Malpractice claims in wills and estates practice have increased steadily over the last decade, nearly doubling in frequency. Communications issues (often at the time the will is drafted) are the biggest source of these claims. Too many lawyers are not truly listening to the client’s instructions and not probing and questioning the client to uncover… Read More »
Categories: Factsheets, Wills & EstatesFamily 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, FamilyRetainers and Non-engagement letters
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, PrecedentsDomestic 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, ToolkitCriminal Law Malpractice Claims Fact Sheet
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, FactsheetsLitigation 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, Factsheets