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Malpractice Errors

Common practice pitfalls: And how to avoid them

man balancing boxes

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 Management

Common Limitation Period Pitfalls and How to Avoid Them

hour glass

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

Staying Out of the Conflict Zone – Recognizing and Reacting to Conflicts of Interest in Real Estate Transactions

During the course of a real estate retainer, it can be easy for a lawyer to lose sight of what constitutes a conflict of interest, as well as what one should do to avoid its pitfalls and consequences. Simply stated, a conflict of interest arises when the lawyer’s duties to a client are compromised by… Read More »

Categories: Conflicts of Interest, Real Estate, TitlePLUS, Webzine

Check your cheques: Five ways to spot fraudulent cheques

We have often written about the risk that lawyers will be targets of fraud. Sometimes these frauds use technology to confuse their targets, such as a personalized spear-phishing attack or ransomware schemes. But often these fraudulent schemes take on a more 20th century character. The use of counterfeit cheques or similar instruments is still a… Read More »

Categories: Fraud, TitlePLUS, Webzine

Limitation periods: Not just for litigators

hourglass

Some nightmares seem universal: teeth suddenly falling out, or an important exam in a class you forgot to attend. But some fears, such as forgetting to diarize a limitation period, come only to lawyers, and usually just litigators. While corporate solicitors may thankfully lose less sleep over limitation periods than their litigator colleagues, they should… Read More »

Categories: Corporate Law, Limitation Periods, Webzine

Responsible delegation: Annual corporate filings and updates

Responsible and efficient delegation is an important skill for any lawyer. But there are limits as to when and how certain tasks can be delegated to non-lawyers. Recently, LAWPRO has seen situations where corporate filings are handled by administrative staff such as clerks, without specific authorization or review from a supervising lawyer. This sometimes includes… Read More »

Categories: Clerical / Delegation, Corporate Law, Webzine

Ontario’s New Construction Act Arrives on July 1, 2018: Don’t get Caught by the Transition Rules

[This article was edited on June 7, 2018] The Construction Lien Act amendments will begin to take effect July 1, 2018. Hailing big changes to timelines, procedures and the manner in which many disputes will be resolved, the new legislation includes a gradual transition to help you avoid a misapplication of the new provisions. Among… Read More »

Categories: Articles, Construction, Limitation Periods, Practice Tips

Review Your Files – The Ultimate Limitation Period is Arriving Soon

JANUARY Calendar

It’s here – a 15-year ultimate limitation period for claims governed by the Limitations Act 2002. As of January 3, 2019¹, actions arising from acts or omissions that occurred prior to January 1, 2004, are statute barred by virtue of s. 15 of the Limitations Act, 2002, even if these errors were not discoverable before… Read More »

Categories: Civil Litigation, Limitation Periods, Webzine

Paying attention to the fraud behind the curtain: Don’t get fooled by spoofed email addresses

fishing hook on mouse

We have written previously 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 »

Categories: Cyber dangers, Fraud, Webzine
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