Communications Errors
After the event (ATE) insurance: what you need to know
After the event (ATE) insurance (a type of legal expense insurance) can help lessen the financial blow of a lost case for both the client and lawyer. Generally, the insurer will pay some amount of costs, fees, and/or disbursements should the client’s case lose. It is important to understand the specific policies and contracts involved… Read More »
Categories: Areas of Law, Civil Litigation, Communications Errors, Conflicts of Interest, Malpractice Errors, TopicsCommon practice pitfalls and how to avoid them (2018 edition)
Lawyers’ Professional Indemnity Company (LAWPRO) was created to insure lawyers against legal malpractice claims. Most (though not all) 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… Read More »
Categories: 2018 Student Issue 6, Alerts, Communications Errors, Content Type, Inadequate Investigation, LAWPRO Magazine, LAWPRO Magazine Article Type, Malpractice Errors, Student, Time ManagementEnding well means starting right: The family law intake process
The most critical step in any family law case is when clients meet with prospective counsel. That meeting establishes the nature of the relationship, a preliminary game-plan, and each party’s expectations of the other. Most clients approach that inaugural meeting with considerable anxiety. Most have never dealt with a lawyer, and certainly not with respect… Read More »
Categories: 2018 February Top Legal Disruptions, Areas of Law, Articles, Communications Errors, Content Type, Difficult clients, Family, Inadequate Investigation, LAWPRO Magazine, LAWPRO Magazine Article Type, Malpractice Errors, Practice Tips, Retainers, TopicsNo conviction doesn’t mean no consequences: What are the implications of criminal investigation for your clients?
For a client charged with a criminal offence, the dismissal of charges (or acquittal at trial) can be a source of immense relief. For many accused, the elation of avoiding conviction can feel like a new beginning. As a criminal lawyer, it can be difficult to throw cold water on those feelings of elation. However,… Read More »
Categories: Communications Errors, Criminal LawReflections on technology changes in real estate practice
Facilitating transfers of real estate has been the bread-and-butter of thousands of Ontario lawyers for generations. Despite occasional market wobbles, real estate business has helped firms to flourish in communities of all sizes, often supporting the delivery of family, estates, commercial and even criminal law services. Healthy real estate practices support both lawyers’ own families… Read More »
Categories: 2017 August Managing Change, Areas of Law, Articles, Clerical / Delegation, Communications Errors, Cyber dangers, Features, Inadequate Investigation, LAWPRO Magazine Article Type, Legal Technology, Real Estate, Time Management, TopicsLitigation claims on the rise
In recent years, the growth in civil litigation claims has outstripped the overall growth in claims. For example, from 2006 through 2010 LAWPRO received an average of 708 civil litigation claims each year, and during 2011 through 2015, the average increased to 948 each year. This growth of 34 per cent vastly exceeds the 7… Read More »
Categories: 2017 August Managing Change, Admin dismissals/Rule 48, Areas of Law, Articles, Civil Litigation, Communications Errors, Content Type, Dabbling, Features, Inadequate Investigation, LAWPRO Magazine, LAWPRO Magazine Article Type, Limitation Periods, Time ManagementThe mysterious magic of routines
As a child, did you step carefully over every sidewalk crack? Tap each post of the hockey net before settling into the crease? Wear your lucky socks to every law school exam? Even those of us who scorn superstition rely on routines and rituals for our own protection: we swallow a daily multivitamin, fasten our… Read More »
Categories: 2017 August Managing Change, Articles, Communications Errors, Content Type, LAWPRO Magazine, LAWPRO Magazine Article Type, Practice Tips, TopicsManaging the Lawyer / Client Relationship
Poor communication and failings in the lawyer/client relationship are the most frequent cause of legal malpractice claims. These failures include inadequate client case screening, poor communication and insufficient systems, trails and record keeping. This booklet (Download PDF) will help you better understand the critical dynamics of your interactions with clients.
Categories: Communications Errors, Difficult clients, Managing BookletsClient Trial Preparation Checklist
Prepare your client for the ups and downs of trial with this customizable checklist, which covers topics to discuss with your client, including process, timing, outcomes, risks and costs. From managing emotions to the day-to-day workings of a trial, the checklist covers important topics to discuss with your client in preparation for trial. Below are… Read More »
Categories: Checklist, Civil Litigation, Communications ErrorsReduce communication-related claims by understanding cognitive bias
Understanding cognitive biases can help reduce communication-related claims, which are the biggest source of malpractice claims. While many cognitive biases are dealt with by following some common sense principles, others are not as obvious. From anchoring effect to decision fatigue, knowing how your client makes decisions can help you build rapport with your clients, effectively… Read More »
Categories: 2017 February Neuroscience, Communications Errors, Features, Inadequate Investigation, LAWPRO Magazine, LAWPRO Magazine Article Type