Communications Errors
Providing high quality service to Indigenous clients
Just as the final research for this article was being completed in November, newly-elected Prime Minister Justin Trudeau announced his Cabinet, including the appointment of Jody Wilson-Raybould as Minister of Justice and Attorney General. The next morning, a cautiously hopeful mood filled the room as a group of Aboriginal lawyers gathered at the Law Society… Read More »
Categories: 2016 January Indigenous, Aboriginal, Articles, Communications Errors, Dabbling, Diversity, Failure to Know The Law, Features, Inadequate Investigation, Indigenous clientsPotential claims related to serving Indigenous clients
We hope that January 2016 issue of LAWPRO Magazine has contributed to your understanding of the incredible breadth and complexity of “Aboriginal law.” We would not be fulfilling our risk management mandate, however, if we didn’t contribute our own perspective as claims prevention specialists. To avoid claims, lawyers need to know how they develop. What… Read More »
Categories: 2016 January Indigenous, Aboriginal, Articles, Communications Errors, Failure to Know The Law, Features, Inadequate Investigation, Indigenous clients, Practice TipsDealing with a self-represented litigant who really needs legal advice
Self-represented litigants are a challenging reality in today’s legal landscape. In addition to the extra time and effort that can make dealing with a self-rep more expensive for your client and more frustrating for you, it seems there is a greater potential for a malpractice claim. This is highlighted by the number of claims LAWPRO… Read More »
Categories: 2016 January Indigenous, Articles, Civil Litigation, Communications Errors, Could This Happen to You?, FamilyOHIP subrogated claims
Counsel liability issues raised by OHIP subrogated claims Counsel representing clients who seek compensation for injuries caused by another’s negligence or wrongdoing are encouraged to be mindful that the Ministry of Health and Long-Term Care may also be entitled to recover its costs for health care and medical treatment provided to the injured party from… Read More »
Categories: 2016 January Indigenous, Articles, Civil Litigation, Communications Errors, Failure to Know The Law, Personal injury, Practice TipsHow unhealthy lawyers affect client service
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, WellnessAccess to justice: Limited scope representation
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 TipsWhat 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, TopicsDocument 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 & EstatesAsk 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 & EstatesDemystifying condominiums with better communication
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