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Malpractice Errors

Let’s get talking – A look at communications breakdowns

two heads talking

Humans communicate from the time they are infants until the day they die. At its heart, communication is all about the same thing – whether we speak, write, gesture, sign, listen, or tweet. It’s a way of telling someone something. So why, if lawyers have been communicating for as long as they have, are the… Read More »

Categories: 2011 Fall Communications, Articles, Communications Errors, Features, Practice Tips

Casebook: Communication is a two-way street

Some solicitors may think that the responsibility for maintaining appropriate solicitor/client communications lies solely with them. It is true that solicitors who fail to adequately communicate with their clients risk losing those clients – or even facing a malpractice claim. But it is also true that clients have reciprocal obligations to disclose relevant facts, to… Read More »

Categories: 2011 Fall Communications, Articles, Casebook, Communications Errors

Beware the Ides of Rule 48

The following scenario is familiar to all plaintiffs’ counsel. Consider it, for example, in the context of a slip and fall claim. Upon being retained and after having reviewed the relevant factual background, counsel chooses, wisely, to explore the prospect of resolving the claim without the need for formal proceedings. The liability insurer is like-minded… Read More »

Categories: 2011 Fall Communications, Admin dismissals/Rule 48, Articles, Civil Litigation, Limitation Periods, Practice Tips

Six technology tools for improving client communication

Technology is becoming an ever greater part of our lives, both personally and professionally. On a daily basis most of us use a cellphone or smartphone, a desktop computer and the Internet. Many of us will have an iPad or other tablet device and be posting updates on Facebook, Twitter or other social media tools…. Read More »

Categories: 2011 Fall Communications, Articles, Communications Errors, Legal Technology, Tech Tips

Book review: Three books to help lawyers communicate better

The practicePRO Lending Library has more than 100 practice management titles available to Ontario lawyers free of charge. below are three books that will be of great help to lawyers looking to improve how they communicate with their clients. For a full list of the books available and details on how to borrow one, visit… Read More »

Categories: 2011 Fall Communications, Articles, Book Review, Communications Errors

Lawyer incivility – The claims consequences

At LAWPRO, we’ve seen a growing proportion of incivility allegations cropping up in claims. For example, lawyers may find themselves personally liable to pay a party’s costs under Rule 57.07 (Rules of Civil Procedure) where the court has found that the lawyer’s actions contributed to running up the bill. Incivility can also lead to other… Read More »

Categories: 2011 Fall Communications, Articles, Communications Errors, Features

Lawyer incivility: How clients – and the bar- pay the consequences

The perception that the legal profession is becoming less civil has attracted widespread comment – from the judiciary to legal associations to regulatory bodies. The common concern: the potentially damaging consequences of a lack of civility on the individual matter, on the lawyer-client relationship (and on the quality of the service that the lawyer provides… Read More »

Categories: 2011 Fall Communications, Articles, Civil Litigation, Communications Errors, Features

Real estate claims trends – errors and insights

Real estate law accounts for the second highest number of legal malpractice claims in Ontario, after civil litigation. But real estate law is responsible for a higher percentage of claims costs than litigation – and the trends are up for both the count and cost of real estate claims. Over the last ten years, real… Read More »

Categories: 2010 Dec File Retention, Articles, Communications Errors, Features, Inadequate Investigation, Real Estate

Land Acknowledgement

The offices of LAWPRO are located on the traditional territory of many nations including the Mississaugas of the Credit, Anishnabeg, Chippewa, Haudenosaunee and Wendat peoples. Toronto is covered by Treaty 13 with the Mississaugas of the Credit. LAWPRO respects and acknowledges the histories, languages, knowledge systems, and cultures of First Nations, Metis, and Inuit nations.

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