Could This Happen to You?
You transferred funds to the wrong account – what now?
Fraudsters try to trick lawyers into wiring funds to an account that the fraudster controls. Sometimes, they succeed, and the funds get into the hands of criminals. What do you do then? Below are some examples that have been reported to us: 1. A lawyer’s office received a last-minute redirection of monies payable on the… Read More »Categories: 2022 June - After Covid 19, Articles, Could This Happen to You?, Cyber dangers, Disaster Planning, Fraud, Legal Technology
Navigating the LAT Regime – Traps for unfamiliar lawyers
Even when a case falls into an area of law in which a lawyer is experienced, a new or unfamiliar administrative regime can present risks for lawyers not prepared for the particular statutory framework. Importantly, missing key details and requirements can lead to malpractice claims from inadequate investigation or communication failures with clients. The following… Read More »Categories: 2020 January - Finding Your Way, Articles, Could This Happen to You?, Inadequate Investigation, Personal injury
Make sure clients aren’t caught off guard by the Rental Fairness Act
On April 27, 2017 the Province of Ontario amended the Residential Tenancies Act, 2006 (RTA) with the introduction of the Rental Fairness Act. Some of the changes to the RTA are already fully in force, others will come into play in 2018. The amendments to the RTA affect every residential tenancy in Ontario to different… Read More »Categories: 2018 February Top Legal Disruptions, Areas of Law, Articles, Content Type, Could This Happen to You?, Failure to Know The Law, LAWPRO Magazine, LAWPRO Magazine Article Type, Malpractice Errors, Real Estate, Topics
Dealing 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, Family
Don’t slip down that slope! Don’t let personal issues lead you to bend the rules
At least two of the Law Society of Upper Canada’s discipline decisions in the last few months referenced a lawyer’s “loss of moral compass.” Even honest and well-intentioned lawyers have, when under pressure or when suffering from illness, addiction or a personal crisis, succumbed to the belief that it’s perfectly fine to bend the rules… Read More »Categories: 2015 September Blue Sky, Articles, Could This Happen to You?, Difficult clients, Ethics, Fraud, Wellness
Would you get caught in a trust vs. gift dispute when handling purchase funds?
It can be uncomfortable to talk about money. When handling real estate purchases and domestic contracts, however, lawyers can’t afford to accept purchase funds on a “no questions asked” basis. Why not? Because if purchase funds come from somebody other than the prospective owner, the doctrine of resulting trust presumes that, regardless of who is… Read More »Categories: 2015 February - LAWPRO 20th, Articles, Could This Happen to You?, Real Estate
When 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 Estate
Would you take the bait in a phishing scam?
“Phishing” is one of the most common scams that cyber criminals use because it can produce spectacular results with very little effort or expense on the part of the hacker. Phishing involves the use of an email, text message or phone call that appears to come from a trusted source or institution, vendor or company,… Read More »Categories: 2013 December Cybercrime, Articles, Could This Happen to You?, Cyber dangers, Legal Technology
Could this happen to you? Getting duped on a bad cheque scam
In our newest effort to help Ontario lawyers appreciate where claims happen – and how to avoid them – we are pleased to introduce a new column to LAWPRO Magazine: “Could this happen to you?” Lawyers have told us they like to hear about real scenarios and circumstances that resulted in malpractice claims. They say… Read More »Categories: 2013 September practicePRO 15th, Articles, Could This Happen to You?, Cyber dangers, Fraud