Areas of Law
Real estate lawyers: The buck stops with you
LAWPRO is seeing far too many real estate claims where the lawyers handling the deals are making or not catching fairly basic errors. Often these mistakes result from errors made by clerks – all or most of which the lawyer could’ve and should’ve caught. Common mistakes include: Not catching errors in legal descriptions Missing executions… Read More »
Categories: 2012 May/June - Year in Review 2011, Clerical / Delegation, Practice Tips, Real EstateHow remedial action by LAWPRO saves the bar millions
Timely efforts by LAWPRO to “repair” errors committed by lawyers save the Ontario bar millions of dollars every year. 1. Setting aside Registrars’ administrative dismissal orders (Rule 48) Defended actions (Rule 48.14): Judicial discretion to set aside dismissal is unpredictable Registrars’ orders dismissing actions under Rule 48 have become common. In some cases, we were… Read More »
Categories: 2012 May/June - Year in Review 2011, Admin dismissals/Rule 48, Articles, Casebook, Civil LitigationLAwPRO defends lawyers in diverse areas of practice
While it may seem that a large number of LAwPRO claims arise from real estate transactions and routine personal injury litigation, we actually defend claims against a broad spectrum of Ontario lawyers – and in courts ranging from the small claims court to the Court of Appeal. Regardless of the forum or area of law,… Read More »
Categories: 2012 May/June - Year in Review 2011, Articles, Casebook, Civil Litigation, Corporate Law, Family, TaxUnbundling and family law
The Law society of Upper Canada recently released its protocols on “unbundling” legal services. Webb v. Birkett is a cautionary tale about the dangers of unbundling in the context of collaborative family law. Marguerite Webb retained Lucille Birkett, an experienced collaborative family law (CFL) lawyer, to represent her in her divorce proceeding. The plaintiff indicated… Read More »
Categories: 2012 January Employment, Articles, Casebook, Family, Limited scope retainer/unbundlingSelf-represented claimants and vexatious litigants
It is common knowledge that the number of self-represented litigants has increased sharply. LawPRO records show that it has received 964 claims by self-represented litigants, 90 per cent of which have been made since 2000. LawPRO has incurred close to $30 million in claims costs, which include both claims payments and defence costs. Some self-represented… Read More »
Categories: 2012 January Employment, Articles, Casebook, Civil LitigationTendering correctly: Preserve your client’s rights (and avoid a claim!)
Tendering, in real estate practice, is a strategy real estate lawyers can use to demonstrate a client’s willingness and readiness to close a transaction in circumstances where there may be doubts about the other party’s ability or willingness to close on time. done properly, tendering can help to preserve a client’s rights in the event… Read More »
Categories: 2012 January Employment, Articles, Practice Tips, Real EstateIs anyone listening? Preventing communications claims
It’s easy to prevent communications breakdowns: So why is this consistently the #1 source of claims for LAWPRO? No matter what the area of practice, the number one source of claims at LAWPRO is a breakdown in communication between the lawyer and client. And those numbers are increasing. Between 2005 and 2010, more than 4,200… Read More »
Categories: 2011 Fall Communications, Articles, Civil Litigation, Communications Errors, Corporate Law, Family, Features, Inadequate Investigation, Real Estate, Wills & EstatesBeware the Ides of Rule 48
The following scenario is familiar to all plaintiffs’ counsel. Consider it, for example, in the context of a slip and fall claim. Upon being retained and after having reviewed the relevant factual background, counsel chooses, wisely, to explore the prospect of resolving the claim without the need for formal proceedings. The liability insurer is like-minded… Read More »
Categories: 2011 Fall Communications, Admin dismissals/Rule 48, Articles, Civil Litigation, Limitation Periods, Practice TipsLawyer incivility: How clients – and the bar- pay the consequences
The perception that the legal profession is becoming less civil has attracted widespread comment – from the judiciary to legal associations to regulatory bodies. The common concern: the potentially damaging consequences of a lack of civility on the individual matter, on the lawyer-client relationship (and on the quality of the service that the lawyer provides… Read More »
Categories: 2011 Fall Communications, Articles, Civil Litigation, Communications Errors, Features