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LAWPRO Magazine: 2011 Fall Communications
In This Issue of LAWPRO Magazine
Is 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 »
Let’s get talking – A look at communications breakdowns
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 »
Editorial: A clean slate
Perhaps it’s the crisp quality of the air at this time of year, the early evenings or the fact that vacation time is generally behind us. Or perhaps it’s a hold-over from the excitement we felt as we embarked on a new school year or a new course of study – or watch our offspring… Read More »
Mandatory professional indemnity insurance & a mandatory insurer: A global perspective
The recent lawyers’ malpractice insurance crisis in the United Kingdom offers a stark reminder of the value of Ontario’s scheme of universal access to professional liability insurance. Crisis in the UK In the spring of 2010, UK bar associations warned members that the fall insurance renewal deadline was expected to be “difficult.” As many lawyers… Read More »
Casebook: Communication is a two-way street
Some solicitors may think that the responsibility for maintaining appropriate solicitor/client communications lies solely with them. It is true that solicitors who fail to adequately communicate with their clients risk losing those clients – or even facing a malpractice claim. But it is also true that clients have reciprocal obligations to disclose relevant facts, to… Read More »
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 »
Six technology tools for improving client communication
Technology is becoming an ever greater part of our lives, both personally and professionally. On a daily basis most of us use a cellphone or smartphone, a desktop computer and the Internet. Many of us will have an iPad or other tablet device and be posting updates on Facebook, Twitter or other social media tools…. Read More »
Book review: Three books to help lawyers communicate better
The practicePRO Lending Library has more than 100 practice management titles available to Ontario lawyers free of charge. below are three books that will be of great help to lawyers looking to improve how they communicate with their clients. For a full list of the books available and details on how to borrow one, visit… Read More »
The fallout of incivility from the victim’s perspective
A call came into the OLAP offices the other day. The lawyer caller had been subjected to a series of nasty, accusatory emails and telephone calls from an opposing lawyer and had “had it.” The immediate reason for the call to us was an email with a personal attack on his competence and a threat… Read More »
Lawyer incivility – The claims consequences
At LAWPRO, we’ve seen a growing proportion of incivility allegations cropping up in claims. For example, lawyers may find themselves personally liable to pay a party’s costs under Rule 57.07 (Rules of Civil Procedure) where the court has found that the lawyer’s actions contributed to running up the bill. Incivility can also lead to other… Read More »
Lawyer 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 »