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LAWPRO Magazine: 2020 January – Finding Your Way
In This Issue of LAWPRO Magazine
Editorial: Help is available
At one time or another, most lawyers and paralegals will have seen a family member, a friend, or a colleague struggling with health or addiction issues. Undoubtedly, a good number of those reading this column will have themselves struggled with health issues at some point during the course of their career. Historically, the profession has… Read More »
Understanding mental health in the legal profession
Herman Melville wrote that the legal profession is one where “misery hides aloof, so we deem that misery there is none.” In Melville’s story of Bartleby, the Scrivenor, a solicitor watches this silent misery slowly consume and destroy his copyist, Bartleby. Although Melville wrote his tragedy about depression in the legal profession in 1853, it… Read More »
Using the MAP to find a healthier way
Although compromised mental health within the legal profession has historically been a widespread and deeply rooted problem, increasing awareness and new resources are building a healthier, more resilient, and stronger profession. That’s where myassistplan.com from the Member Assistance Program (MAP) comes in. The MAP provides Ontario lawyers, paralegals, law students, judges, and family members, with… Read More »
Warning signs: Why it’s important for lawyers and firms to be proactive about mental health
When lawyers ignore their mental health and fail to act on warning signs, they not only harm their quality-of-life and job satisfaction, they leave themselves open to a claim, or even a cluster of malpractice claims. It’s 10:00 p.m. Do you know where your associates are? A lawyer’s life can be a lonely one. Long… Read More »
Puttıng the fire out: Dealing with the stress of a malpractice claim
There is simply no doubt about it: making an error or having an action commenced against you is stressful, even for the most successful lawyers. And because almost half of Ontario lawyers in private practice will face a malpractice claim at least once in their career, at some point this stress will be a reality… Read More »
What are my insurance options if I need to take a temporary leave of absence from practice?
You can apply for Exemption ‘C’ under the LAWPRO Program if you are taking a temporary leave of absence from practice. The leave may be up to five years for family reasons or illness and two years for other reasons. This exemption is for a temporary leave of absence only, meaning you must intend to… Read More »
Do your firm’s marketing practices expose you to vicarious liability?
While “law firm” once conjured an image either of a sole practitioner with a small storefront office or a multi-generational law firm with clearly defined partners and associates, many other firm structures now exist as lawyers opt to work from their homes, from virtual offices, and from shared accommodations. The work lawyers choose to do… Read More »
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 »
Run-Off coverage: The coverage you have after you leave practice
When lawyers retire, get appointed to the bench, go in-house or otherwise claim exemption from maintaining LAWPRO insurance, they commonly ask LAWPRO two questions: 1. Do they still need to pay for insurance? 2. What sort of services are they still allowed to perform? When you leave private practice you are not “off the hook”… Read More »
Did you know that some title insurers include exceptions to fraud coverage for private lender transactions where the mortgage funds are not paid to acceptable parties?
In light of the commonly held view that real estate is a safe investment, many individuals use mortgage investments to supplement income or as a means of saving for retirement. Unfortunately, a reality of the current real estate landscape is that private lenders are often the target of identity frauds. A title insurance policy generally… Read More »
Paying attention to the fraud behind the curtain
We have previously written about the dangers associated with email spoofing and phishing schemes, where fraudsters will send fabricated emails purporting to be from a trusted colleague or third party in an effort to trick a lawyer or staff member into clicking on a dangerous link or downloading a dangerous attachment. These fraudulent schemes continue… Read More »
Tools for a strong foundation: Resources every real estate lawyer should know about
A successful real estate practice needs a variety of tools and resources. Here are four great resources that are a good starting place to find the right tool for whatever issues come to your practice. Real estate file management checklist: Real estate continues to be LAWPRO’s second largest claims area by count and cost, and… Read More »
Book review: A Lawyer’s Guide to Healing
“If I had to pick the most common malady affecting lawyers, it would be alcoholism.” This is according to Don Carroll, former director of the North Carolina Lawyer’s Assistance Program and author of A Lawyer’s Guide to Healing: Solutions for Addiction and Depression. In the book, he examines how addiction and depression manifest in the… Read More »