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Communications Errors

How unhealthy lawyers affect client service

man holding head

Almost all lawyers experience stress, but unless it becomes toxic, there is little risk to the client. Occasionally things get truly out of control. That’s when important deadlines are missed, communication with the client diminishes (or ends), and files languish. In extreme cases, the lawyer ‘pretends’ to practice by misrepresenting to the client that work… Read More »

Categories: 2015 September Blue Sky, Articles, Communications Errors, Conflicts of Interest, Firm Management, Inadequate Investigation, Time Management, Wellness, Wellness

Access to justice: Limited scope representation

Consulting man sitting in chair

Increasingly, legal services are moving away from the full-service model. Outsourcing document review, e-discovery, and other discrete legal services are becoming more common-place. Small practitioners and larger firms alike can offer limited scope representation, or “unbundled” representation, which let clients pick and choose when they want to engage with a lawyer during the life of… Read More »

Categories: 2015 September Blue Sky, Access to Justice, Articles, Civil Litigation, Communications Errors, Limited scope retainer/unbundling, Practice Tips

What do title insurers expect from lawyers?

Still relatively new in Canada, title insurance is not fully understood by many consumers. Even certain less-sophisticated lenders lack detailed knowledge of the product. The responsibility for explaining title insurance to those who purchase it – and for supporting insureds in obtaining coverage that suits their needs – falls squarely on lawyers’ shoulders. Lawyers are… Read More »

Categories: Areas of Law, Articles, Communications Errors, Content Type, Inadequate Investigation, Real Estate, Title insurance, Topics

Document intentions behind inter vivos transfers

There is a wide range of reasons behind individuals’ decisions to transfer ownership of property. Unfortunately, legal presumptions about transfers don’t always align well with the transferor’s intentions, which can lead to unexpected results. Transfers that are intended to be gifts may be treated as trusts in favour of the transferor; or transfers made for… Read More »

Categories: Areas of Law, Articles, Communications Errors, Content Type, Inadequate Investigation, Malpractice Errors, Wills & Estates

Ask critical questions to head off will challenges

We all know it’s impossible to write an effective will for a client without investigating the details of the client’s circumstances and estate. While this conclusion may seem trite, in recent years LAWPRO has seen an average of 60 claims per year alleging that the lawyer did not investigate key details. This specific error has… Read More »

Categories: Areas of Law, Articles, Communications Errors, Content Type, Inadequate Investigation, Wills & Estates

Demystifying condominiums with better communication

condo tower

Condominium ownership has a unique set of rules and responsibilities. Helping your clients understand what they are getting into can reduce your risk of a malpractice claim. Start off on the right foot at the beginning of your relationship by sending a detailed retainer letter setting out what you will or will not be doing… Read More »

Categories: 2015 February - LAWPRO 20th, Articles, Communications Errors, Real Estate, TitlePLUS

Manage malpractice risk by recognizing cultural diversity

In the social realm, cultural differences can be awkward for those on both sides; but in the context of legal services, cross-cultural misunderstandings and other culture-related factors can occasionally lead to malpractice claims against lawyers. The good news: claims with a cultural component are easily preventable as they tend to reflect certain recurring themes. One… Read More »

Categories: 2014 September Diversity, Articles, Civil Litigation, Communications Errors, Criminal Law, Diversity, Practice Tips, Real Estate

Informed, documented plea instructions protect you from claims

judge gavel

Though the rate of malpractice claims flowing from criminal cases is lower than in other areas of law, the number of claims in this area is on the rise, and for many of the same reasons we see in other areas. The most frequent cause? Issues with lawyer-client communication. An area of particular vulnerability to… Read More »

Categories: Areas of Law, Articles, Communications Errors, Content Type, Criminal Law, Inadequate Investigation, Malpractice Errors

Clear communication your best defence against allegations of ineffective assistance of counsel

A substantial proportion of professional liability claims against criminal defence counsel are based on allegations of “ineffective assistance”. The jurisprudence makes it clear that poor lawyer-client communication is at the root of many of these claims. Allegations of ineffective assistance are usually first tested in the context of the appeal of a conviction. Few of… Read More »

Categories: Areas of Law, Articles, Communications Errors, Content Type, Criminal Law, Dabbling, Failure to Know The Law

Can a criminal conviction make your client inadmissible for residency/citizenship?

hands on jail bars

Where a client charged with a serious crime is a non-citizen of Canada and is hoping to obtain resident status, criminal lawyers should be aware that recent changes to the Immigration and Refugee Protection Act (IRPA) raise special plea and sentencing considerations. The Faster Removal of Foreign Criminals Act On June 19, 2013, amendments to… Read More »

Categories: Areas of Law, Articles, Communications Errors, Content Type, Criminal Law, Failure to Know The Law
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