Malpractice Errors
Avoid inadequate investigation claims
We often see claims related to lawyers who have not uncovered all the facts or developed a sufficient understanding of a client’s matter. These claims go to the very core of what lawyers are supposed to do for their clients – give legal advice based on the client’s specific situation – and involve the lawyer… Read More »
Categories: Inadequate Investigation, Online OnlyOntario limitation periods resumed September 14, 2020
By an Emergency Order dated March 20, the Ontario government suspended the running of most provincial limitation periods and procedural time periods retroactively to March 16 due to the COVID-19 emergency. This Emergency Order was revoked on September 14, 2020 and limitations periods start running again as of September 14. Days should be counted starting… Read More »
Categories: Alerts, Limitation PeriodsReal estate fraud: Keeping up the fight
Join Nadia Dalimonte, Manager, TitlePLUS Claims and Counsel, as she reviews various types of fraud, and provides tips and resources to help you avoid them. This program is eligible for 30 minutes Professionalism (applicable to the Law Society of Ontario’s CPD hours), and is approved for the LAWPRO Risk Management Credit. Here are links to… Read More »
Categories: CPD, Cyber dangers, Fraud, Real EstateLAWPRO Alert: Ontario limitation periods and procedural time periods resume September 14, 2020
By an Emergency Order dated March 20, the Ontario government suspended the running of most provincial limitation periods and procedural time periods retroactively to March 16 due to the COVID-19 emergency. The Emergency Order will be revoked on September 14, 2020. While the government has already lifted the suspension for some types of matters (Construction… Read More »
Categories: Alerts, Limitation PeriodsCommon practice pitfalls: And how to avoid them
Lawyers’ Professional Indemnity Company (LAWPRO) was created to insure lawyers against legal malpractice claims. Most claims are brought by a lawyer’s own client and include an allegation that the lawyer made a mistake or did not meet the standard of care expected of him or her when delivering legal services. No lawyer is immune to… Read More »
Categories: Articles, Communications Errors, Inadequate Investigation, Student, Student Issue, Time ManagementCommunicating like its 1876: The continuing importance of telephone skills for lawyers
When the Western Union Telegraph Co. famously declined to purchase the telephone patent from Alexander Graham Bell, it was allegedly because they wondered why anyone would want to use such a frivolous and impractical device when a clear and concise written message could just as easily be sent by telegraph. This assessment seems less absurd… Read More »
Categories: Articles, Communications Errors, Content Type, Features, Law students/new lawyers, Student IssueNavigating 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 injuryFraud for Shelter Update
With housing prices on the rise, more rigorous mortgage rules, and the resulting difficulty for some Ontarians to purchase property, real estate lawyers should be mindful of fraud for shelter. Fraud for shelter differs from traditional real estate frauds. Usually in a real estate fraud, the goal is to fraudulently sell the property or to… Read More »
Categories: Fraud, Online Only, Real EstateLandmines for Lawyers When Drafting Wills
When it comes to mistakes and claims, the Achilles heel for lawyers in the wills and estates area is drafting wills: Making will-drafting errors – either because of poor communication, inadequate discovery or errors in law – is the single most common issue in claims reported in this area of law. In many cases, the… Read More »
Categories: Articles, Communications Errors, Failure to Know The Law, Inadequate Investigation, Wills & EstatesCommon Limitation Period Pitfalls and How to Avoid Them
It is one of a lawyer’s worst nightmares: missing a limitation period. It can be a very easy mistake to make and yet the consequences can be enormous. There are numerous “pitfalls” that can lead to missed limitation periods and other limitation period problems. Some of these pitfalls are relatively easy to avoid whereas others… Read More »
Categories: Civil Litigation, Limitation Periods, Online Only, Time Management