Factsheets
Real 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, FamilyCriminal 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