Malpractice Errors
When a Law Firm Gets Hacked: A Case Study in Cybersecurity Risks and Recovery
As cyberattacks become increasingly sophisticated and prevalent, law firms are emerging as targets due to the highly sensitive nature of their data and pools of money. Law firms can hold a wealth of confidential data, including client identities, case details, and proprietary legal strategies, making them prime candidates for cybercriminals seeking to exploit this valuable… Read More »
Categories: Cyber dangers, Disaster Planning, Fraud, Online OnlyVerify the withdrawals from your accounts
LAWPRO has received claims from lawyers who fell victim to fraudsters diverting and depositing cheques meant for their clients. In two cases to date, lawyers issued cheques to their clients as part of their professional services. However, in both cases, an identical amount was withdrawn from the lawyer’s trust account but payable to a third… Read More »
Categories: Fraud, Online OnlyEmotional contagion and the civil lawyer
Charles Dickens’ 1853 novel Bleak House begins with an account of Jarndyce and Jarndyce, an endless legal case mired in the “mud and fog” of the English Chancery courts. As told by Dickens, Jarndyce was “about a will and the trusts under a will—or it was once. It’s about nothing but costs now…” The goals… Read More »
Categories: 2025 Feb - Emotional Contagion, Articles, Communications ErrorsManaging a better professional services firm
Managing a better professional services firm requires that you excel at providing superlative client service. Good technical skills and quality legal advice met the grade in the past but times have changed. The legal services marketplace is now more competitive than ever, and the competitors are not just other lawyers. Clients have become more demanding… Read More »
Categories: 2025 Feb - Emotional Contagion, Articles, Communications Errors, Firm ManagementWhen ILA isn’t
This is a story of what seemed like a simple independent legal advice (ILA) matter that turned out to be more complicated than it looked. The claim story A lender sought ILA about a loan that he wanted to advance to a friend. The friend intended to use the money to purchase additional shares in… Read More »
Categories: Independent Legal Advice, Online OnlyEstates and Limitation Periods – Recent case decision
Navigating limitation periods is a critical aspect of legal practice in Ontario and lawyers are often faced with the challenge of determining which legislation applies to their clients’ cases. In a recent case, the Ontario Court of Appeal ruled that the two-year limitation period under the Trustee Act applied to the respondent’s equitable trust claim… Read More »
Categories: Limitation Periods, Online Only, Wills & EstatesWhy have claims from inadequate investigation risen almost 300% since 1998?
The devil is in the details, and it’s the details that appear to be creating issues for lawyers when it comes to the underlying causes of many claims. Back in 1998, “inadequate discovery of fact or inadequate investigation” was the fifth most common cause of a claim (178 claims or 9%) when we looked at… Read More »
Categories: 2024 June - Time for Tomorrow, Articles, Inadequate InvestigationThe case of the delayed will
In the legal profession, time management is a critical component of risk management. Effectively managing time, from handling daily tasks to progressing case files, can greatly impact the quality of legal services provided. Yet, achieving effective time management is often easier said than done, given the pressures of a packed schedule, unexpectedurgent matters, and the… Read More »
Categories: 2024 June - Time for Tomorrow, Articles, Time Management, Wills & EstatesThe confidence client: Survival tips to prevent fraud
In the nineteenth century, American journalists and law enforcement coined the term “confidence artist” to describe a form of fraud that preys on the trust and credulity of its target. The form these frauds took was always changing but relied on the good faith of the target and either a promise of profit or a… Read More »
Categories: 2024 March - The Confidence Client, Articles, Cyber dangers, FraudOne click and you are out $1 million
Could it happen to you? If you have a trust account, then you’re at risk. We are seeing a sharp increase in social engineering fraud against law firms and their clients, where the goal is to divert funds to fraudsters’ accounts. When money gets diverted, the lawyer and/or the client is out of funds. For… Read More »
Categories: 2024 March - The Confidence Client, Articles, Cyber dangers, Fraud