Inadequate Investigation
Common practice pitfalls: And how to avoid them
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. Our records suggest that almost… Read More »
Categories: Articles, Communications Errors, Inadequate Investigation, New Lawyer Issue, Student, Time ManagementCottages and Rural Properties: Avoid Common Errors that Lead to Title Insurance Claims
Cottages are a Canadian summertime staple. For many, cottage life has become tradition and cottage ownership is a dream come true. Conversely, cottage and rural residential properties generally present the real estate lawyer with some of the most challenging and complex issues of any area of real estate law, and may surprise lawyers who are… Read More »
Categories: Inadequate Investigation, Online Only, Real EstateCommon claims and how to avoid them (2020)
Understand the leading common claims and when they occur, with examples of specific different risks by areas of practice.
Categories: Clerical / Delegation, Communications Errors, Conflicts of Interest, CPD, Dabbling, Failure to Know The Law, Inadequate Investigation, Time ManagementTips to Avoid Inadequate Investigation Claims
We often see claims related to lawyers who have not uncovered all the facts or developed a sufficient understanding of a client’s matter. These claims go to the very core of what lawyers are supposed to do for their clients – give legal advice based on the client’s specific situation – and involve the lawyer… Read More »
Categories: Factsheets, Inadequate InvestigationNavigating the LAT Regime – Traps for unfamiliar lawyers
Even when a case falls into an area of law in which a lawyer is experienced, a new or unfamiliar administrative regime can present risks for lawyers not prepared for the particular statutory framework. Importantly, missing key details and requirements can lead to malpractice claims from inadequate investigation or communication failures with clients. The following… Read More »
Categories: 2020 January - Finding Your Way, Articles, Could This Happen to You?, Inadequate Investigation, Personal injuryLandmines for Lawyers When Drafting Wills
When it comes to mistakes and claims, the Achilles heel for lawyers in the wills and estates area is drafting wills: Making will-drafting errors – either because of poor communication, inadequate discovery or errors in law – is the single most common issue in claims reported in this area of law. In many cases, the… Read More »
Categories: Articles, Communications Errors, Failure to Know The Law, Inadequate Investigation, Wills & EstatesEverything old is new again: Will the return of a broader rent control regime haunt the Ontario real estate bar?
For decades the existence of rent control has posed a risk to Ontario real estate lawyers acting on the purchase and mortgaging of residential rental property. The range of affected properties is immense: From a basement apartment to a rented single family house to the largest multi-residential complexes in the province, many real estate files… Read More »
Categories: 2018 May Year in Review 2017, Areas of Law, Articles, Content Type, Failure to Know The Law, Inadequate Investigation, Malpractice Errors, Real EstateCommon 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, Family, Inadequate Investigation, LAWPRO Magazine, LAWPRO Magazine Article Type, Malpractice Errors, Practice Tips, Retainers, TopicsReflections 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, Topics