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New practicePRO resource: Wills & estates malpractice claims fact sheet

April 24, 2015 By: TimLemieux Category: Wills/Estates

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With such a large amount of claims prevention information availalable in LAWPRO Magazine articles and practicePRO resources, we had the idea to create simple fact sheets that CPD providers and others could use in developing their program material for specific areas of law. The latest in our series of “malpractice claims fact sheets” covers wills & estates law.

We are also developing malpractice fact sheets for other areas of law. They include quick claims facts, the main causes of claims against lawyers, hot topics in the particular areas of law, tips for avoiding claims and links to practicePRO resources. The sheets can also be used as program inserts in their own right. Read the rest of this entry →

Risky VTB mortgage transactions in Collingwood and Barrie

April 24, 2015 By: TimLemieux Category: Real estate

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Thanks to calls from lawyers and an email warning sent by one of the county law associations, LAWPRO has become aware of an individual who is involved in several real estate transactions involving vendor take back (VTB) mortgages on properties in Barrie and Collingwood. We are aware of four transactions that share some common elements, and have a claims risk for the lawyers involved.

Three of the deals came to lawyers through real estate agents they were familiar with. This individual was reluctant to provide ID to one lawyer, and has provided only a cell number to the real estate agents and lawyers he was dealing with on two of the other deals. Web searches turn up information that in the past he was involved in a problematic transaction involving a VTB mortgage and other debt disputes. We understand there are four websites with different business names that connect back to this individual. Read the rest of this entry →

Inside the Lawyer’s Mind Part 5: Resilience

April 21, 2015 By: Ian Hu Category: Career management, Law Practice Management, Risk management strategies

yellow-weeds-in-mountainsThe last trait we look at in this series is resilience.  A lawyer high in resilience is receptive to criticism and feedback and is not defensive. He is less likely to take criticism personally and is better at focusing on accomplishing the task at hand. If he suffers a loss or is rejected, he will bounce back easily. With all the challenges lawyers face, you’d think we score high on resilience. Not so. Read the rest of this entry →

Business loan collection scam using the name Michael Kapoor

April 21, 2015 By: FraudInfo Category: Confirmed frauds

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Three Ontario firms notified us that they received an email from the purported Michael Kapoor looking to retain them with regards to a breach of a business loan agreement.

This is a classic bad cheque scam that presents as legal matter requiring the assistance of a lawyer. In this scam lawyers will be duped into wiring real funds from their trust accounts after depositing a fake cheque received as payment from the debtor (who is part of the fraud). See our Confirmed Fraud Page for more of an explanation of how these frauds work and other names associated with it , and our Fraud Fact Sheet for a list the red flags of a bogus legal matter that is really a fraud.

Here is the initial contact email sent by the fraudster and subsequent reply: Read the rest of this entry →

Are You Being a Lawyer or Building a Practice?

April 20, 2015 By: TimLemieux Category: Career management

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Jay Harrington, writing in Attorney at Work, describes the journey from student to lawyer as a “well-lit path”, while figuring out the direction of one’s legal career is like venturing off into uncharted territory. There can be many routes to get where you want to be, as long as you have a clear destination in mind.

Are You Being a Lawyer or Building a Practice? says that without having a clear idea of how you want your practice to evolve, one is only ‘being a lawyer’ and at the mercy of the influences and preferences of others. There are some great examples given of the kinds of questions lawyers should be asking themselves in terms of the work they are doing, organizing their time and Read the rest of this entry →

Surprise! You have a franchise

April 17, 2015 By: TimLemieux Category: Franchises

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Are you sure the company for which you’re handling an Ontario commercial transaction is not a franchise?

Really sure? Because if you’re wrong, and your client meets the statutory definition of a franchise, the company is bound by the strict disclosure requirements of Ontario’s Arthur Wishart Act. Non-compliance with these can mean that parties entering into contracts with your client company − even if none of these contracts is described as a franchise agreement − may have the right to remedies, including even the right to repudiate those contracts. Read the rest of this entry →

Commercial debt collection scam using the names Christopher Simpson and Batts R Us

April 17, 2015 By: TimLemieux Category: Confirmed frauds

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Four firms in Canada and the U.S. have notified us that they received an email from the purported Christopher Simpson of Batts R Us looking to retain them with regards to a commercial debt collection.

This is a classic bad cheque scam that presents as legal matter requiring the assistance of a lawyer. In this scam lawyers will be duped into wiring real funds from their trust accounts after depositing a fake cheque received as payment from the debtor (who is part of the fraud). See our Confirmed Fraud Page for more of an explanation of how these frauds work and to see other names associated with it. Our Fraud Fact Sheet lists the red flags of a bogus legal matter that is really a fraud.

Here is the initial email from the fraudster to the lawyer: Read the rest of this entry →

How lawyers can avoid the dangers of procrastination

April 16, 2015 By: TimLemieux Category: Limitations claims

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Whether it’s leaving a university essay until the last minute or deciding to sort your sock drawer instead of doing your taxes, procrastination is something everyone struggles with in life. However in your law practice, the results can be more damaging. In the past five years LAWPRO has received nearly 300 claims resulting from ‘procrastination’, at a cost of $12.5 million.

The Washington State Bar Association’s Lawyer Assist Program has an article that looks at how lawyering and procrastinating often go hand in hand. When Procrastination Rears Its Ugly Head explains how a combination of the nature of legal work and the stresses on lawyers can result in procrastinating as a “coping strategy when the work becomes intolerable”. The article offers some helpful tips on how lawyers can structure their workflow and expectations of the themselves to reduce the problem.

Commercial equipment purchase scam using the names Nick Silva and Bi-Port Engineering

April 16, 2015 By: FraudInfo Category: Confirmed frauds

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An Ontario firm notified us that they received an email from the purported Nick Silva of Bi-Port Engineering looking to retain them with regards to making a large commercial purchase.

This is a bad cheque scam that presents as legal matter requiring the assistance of a lawyer. In this scam lawyers will be duped into wiring real funds from their trust accounts after depositing a fake cheque received as payment from the purchaser (who is part of the fraud). See our Confirmed Fraud Page for more of an explanation of how these frauds work and to see other names associated with it. Our Fraud Fact Sheet lists the red flags of a bogus legal matter that is really a fraud.

Here is the initial contact email sent by the fraudster to the lawyer: Read the rest of this entry →

Commercial equipment purchase scam using the names Chao Da and Yuki Precision Company Ltd

April 16, 2015 By: FraudInfo Category: Confirmed frauds

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Firms in Florida and Ontario have notified us that they received an email from the purported Chao Da of Yuki Precision Company Ltd looking to retain them with regards to making a large commercial purchase.

This is a bad cheque scam that presents as legal matter requiring the assistance of a lawyer. In this scam lawyers will be duped into wiring real funds from their trust accounts after depositing a fake cheque received as payment from the purchaser (who is part of the fraud). See our Confirmed Fraud Page for more of an explanation of how these frauds work and to see other names associated with it. Our Fraud Fact Sheet lists the red flags of a bogus legal matter that is really a fraud.

Here is the initial contact email sent by the fraudster to the lawyer: Read the rest of this entry →

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    2014 Canadian Law Blog Finalist
    2014 Canadian Law Blog Finalist