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Practice Tips

Inadequate investigation/discovery now #1 cause of claims

magnifying glass over words facts

The devil – as they say – is in the details. And it’s the details that appear to be creating issues for lawyers when it comes to the principal underlying cause of claims. Back in 1998, “inadequate discovery of fact or inadequate investigation” was the fifth most common cause of a claim when we looked… Read More »

Categories: 2012 August Checklists, Articles, Civil Litigation, Inadequate Investigation, Practice Tips, Real Estate, Wills & Estates

Diversify without dabbling: Before expanding your practice, expand your competence

Think you have the confidence to bluff your way through a file that’s outside your normal scope of practice? It might work if you were playing a lawyer on TV… but that’s only because your opponent (and the judge, if it’s a litigation file) would be actors, too. In the real world, trying to “fake… Read More »

Categories: 2012 August Checklists, Articles, Dabbling, Failure to Know The Law, Legal Careers, Practice Tips

Avoiding claims while serving clients on a budget

man with calculator

In today’s difficult economic environment, it’s not unusual for lawyers to find themselves dealing with requests for representation from clients of limited means, or clients who want to keep their legal fees at a minimum. The economic issues these types of requests raise is but one consideration: Access to justice – which has become a… Read More »

Categories: 2012 August Checklists, Access to Justice, Articles, Communications Errors, Limited scope retainer/unbundling, Practice Tips

Liability for client costs: Protect yourself

A recent Court of appeal decision, Attis v. Ontario1, has provided clarity on the issue of when counsel will be held personally responsible for legal costs ordered against a client. although Attis deals with this issue in the context of a class proceeding, the decision underscores the importance of certain “best practices” that can be applied… Read More »

Categories: 2012 August Checklists, Articles, Casebook, Civil Litigation, Practice Tips

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 Estate

A checklist for avoiding conflicts on lateral lawyer transfers

stick man with briefcase

Lateral hiring of partners or associates occurs at firms of every size, and is becoming far more common. In addition to reviewing the transferring lawyer’s credentials and suitability, the transferring lawyer and firm will need to identify and deal with potential conflicts of interest that may arise with respect to clients at the transferring lawyer’s… Read More »

Categories: 2012 January Employment, Articles, Conflicts of Interest, Practice Tips

Unbundled legal services: Pitfalls to avoid

Man on highwire

At its September 2011 meeting, Convocation approved amendments to the Rules of Professional Conduct to give guidance to lawyers who provide legal services under limited scope retainers, also called “unbundled” legal services. LawPRO is concerned that the more widespread provision of unbundled legal services in Ontario will increase malpractice claims. this article will help you… Read More »

Categories: 2012 January Employment, Articles, Communications Errors, Limited scope retainer/unbundling, Practice Tips

Tendering 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 Estate

Let’s get talking – A look at communications breakdowns

two heads talking

Humans communicate from the time they are infants until the day they die. At its heart, communication is all about the same thing – whether we speak, write, gesture, sign, listen, or tweet. It’s a way of telling someone something. So why, if lawyers have been communicating for as long as they have, are the… Read More »

Categories: 2011 Fall Communications, Articles, Communications Errors, Features, Practice Tips

Beware 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 Tips

Land Acknowledgement

The offices of LAWPRO are located on the traditional territory of many nations including the Mississaugas of the Credit, Anishnabeg, Chippewa, Haudenosaunee and Wendat peoples. Toronto is covered by Treaty 13 with the Mississaugas of the Credit. LAWPRO respects and acknowledges the histories, languages, knowledge systems, and cultures of First Nations, Metis, and Inuit nations.

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