Articles
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 EstateWhat does diversity mean for our profession?
As I look forward to celebrating in 2015 the 20th anniversary of LAWPRO providing the Ontario bar’s primary professional liability program, it is an appropriate time to reflect on the changes our society and profession have experienced during that time. This issue discusses the diversity that is now represented in our profession, how we are… Read More »
Categories: 2014 September Diversity, Articles, Diversity, EditorialsDoes title insurance bring benefits to the primary professional liability program?
We all know that notwithstanding the rise of title insurance in Ontario, claims arising from real estate practice are still a large (and in many years, the largest) exposure for the primary professional liability program that LAWPRO provides for the Law Society’s lawyer-licensees (the “E&O program”). We have explored why in other articles and settings…. Read More »
Categories: 2014 September Diversity, Articles, Insurance Business, Real Estate, Title insuranceUntangling the myths of Excess insurance
Unfortunately, far too many lawyers do not appreciate their full exposure to claims and how excess insurance could be of benefit to them. Excess liability insurance is intended to provide additional limits over that provided by the underlying (primary) liability policy. For lawyers in Ontario, the underlying insurance which all practising lawyers (not on exemption)… Read More »
Categories: 2014 September Diversity, Articles, Excess, Excess insuranceTitle insurance policies are like a box of chocolates – No two policies are the same
“The lawyer should be knowledgeable about title insurance and discuss with the client the advantages, conditions, and limitations of the various options and coverages generally available to the client through title insurance,” states Rule 2.02(10) of the Rules of Professional Conduct. This obligation was brought home in a recent malpractice case where the lawyer did… Read More »
Categories: 2014 September Diversity, Articles, Real Estate, Title insurance, TitlePLUSDoes your firm have a social media policy?
So your firm has one or more social media accounts they use to deliver its message. But do you have a social media policy for your employees to use? In this day and age, many of your employees have personal (Facebook) and professional (LinkedIn) accounts that may be effectively associated with the firm, based on… Read More »
Categories: 2014 September Diversity, Articles, Firm Management, Social MediaWarning: Insurers can ‘contract out’ of the Limitations Act, 2002 in ‘non-consumer’ policies
The law of limitations applicable to insurance claims has entered a period of uncertainty, arising in part from insurers’ ability to “contract out” of the Limitations Act, 2002 (LA 2002) where the insured is not a “consumer.” Claims on group long-term disability policies may prove especially hazardous. This article discusses this new development, and touches… Read More »
Categories: 2014 September Diversity, Articles, Casebook, Civil Litigation, Failure to Know The Law, Limitation PeriodsWhen waiving a search comes back to haunt you
How a client perceives a lawyer’s role in a transaction often depends on the client’s experience. At one end of the spectrum, a new homebuyer may believe that the lawyer will not only navigate the process, but will also personally shield the client from all risks. At the other extreme, a sophisticated businessperson may urge… Read More »
Categories: 2014 September Diversity, Articles, Could This Happen to You?, Inadequate Investigation, Real EstateSubdivision control under the Planning Act: What do you need to know?
This is a shortened version of an article that appeared on August 1, 2014 in the TitlePLUS Today newsletter. See the full version at practicepro.ca/subdivision-control See update for additional amendments June 1, 2022 The subdivision and part lot control provisions of section 50 of the Planning Act are lengthy and complex. It can be difficult… Read More »
Categories: 2014 September Diversity, Articles, Practice Tips, Real EstateTools and strategies for lawyers with vision impairments
Toronto lawyer Ernst Ashurov was born with limited vision, and an eye injury in childhood left him almost completely blind; yet he runs a criminal and general litigation practice. In the first few years of his career, he was able to read print using extreme magnification glasses; but by 2006 he could no longer read…. Read More »
Categories: 2014 September Diversity, Articles, Legal Technology, Tech Tips