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LAWPRO's blog helps you avoid legal malpractice claims
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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 →

Inside the Lawyer’s Mind Part 4: Sociability

April 16, 2015 By: Ian Hu Category: Career management, Law Practice Management, Risk management strategies

fine-diningIn parts 1 to 3 of this series we discussed the three traits that lawyers score particularly high on in personality assessments: skepticism, autonomy, and urgency. In this post and the next we look at two traits that lawyers score low on: sociability and resilience. In some ways, these are the most surprising findings.
Read the rest of this entry →

Commercial debt collection scam using the names Tang Yuk Tim and VNL Engineering

April 15, 2015 By: FraudInfo Category: Confirmed frauds

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Firms in California and New Jersey notified us that they received an email from the purported Tang Yuk Tim of VNL Engineering 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 →

Commercial equipment purchase scam using the names Hans Stagier and Ghent Dredging

April 15, 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 Hans Stagier of Ghent Dredging 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 →

Inside the Lawyer’s Mind Part 3: Urgency

April 14, 2015 By: Ian Hu Category: Career management, Diversity, Law Practice Management, Risk management strategies

thXJ9XZVE1In our previous two posts we learned that good lawyers score in the top 10th percentile on measures of skepticism and autonomy. A third trait that lawyers score high on is urgency, which measures a lawyer’s need to get things done and degree of impatience. Consultant Dr. Larry Richard states in his LAWPRO article that such lawyers are more likely to finish others’ sentences, jump to conclusions, and be impulsive.
Read the rest of this entry →

Commercial debt collection scam using the names Yuan Wen-Lien and Kentec Machinery

April 13, 2015 By: FraudInfo Category: Confirmed frauds

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Twenty firms in Ontario and the U.S. have notified us that they received an email from the purported Yuan Wen-Lien of Kentec Machinery 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 →