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Biggest Claims Risks

5 year rolling administrative dismissal date for Rule 48 after January 1, 2017

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LawPRO reminds lawyers that on a rolling basis beginning January 1, 2017, matters commenced on or after January 1, 2012 will be automatically dismissed five years after they were commenced. Remember, the courts will dismiss actions without sending notices of any type to parties or their lawyers. Update internal firm systems to tickle all relevant… Read More »

Categories: Biggest Claims Risks, Limitations Claims

Psychological tips to win over your clients, juries, and judges

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Effectively persuading a potential new client, a jury, or an interviewer – and being able to do it time and again – requires a solid understanding of how people make decisions. Persuasion traditionally relies on three techniques, namely: to speak the truth (logos), be credible (ethos), and move your audience emotionally (pathos).  Unconscious (cognitive) biases can interfere… Read More »

Categories: Biggest Claims Risks, Communication Errors, Risk Management Strategies, Practice Aids, Law Practice Management

Limited Scope Representation Resources

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The information and resources on practicePRO’s Limited Scope Representation page are intended to help you understand some of the risks inherent in providing limited scope legal services, and how you can reduce your exposure to a claim when working for a client on an unbundled basis. LAWPRO’s concern that unbundling could lead to more claims… Read More »

Categories: Biggest Claims Risks, Communication Errors, Risk Management Strategies, Family Law, Practice Aids, Civil Litigation

Malpractice danger areas in personal injury law

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Having practised personal injury law before I joined LAWPRO, I faced constant challenges that threatened to derail my practice if improperly dealt with. Follow me as we take this journey into the life of a hypothetical file and uncover the most common sources of malpractice claims. The Case of Mr. Smith Mr. Smith suffers serious… Read More »

Categories: Biggest Claims Risks, Civil Litigation, Limitations Claims

LAWPRO Alert! Avoid Rule 48 administrative dismissals: Only 30 days left to set down or resolve pre-2012 matters

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LAWPRO encourages all lawyers to take immediate action to ensure their pre-2012 files will either resolve or be set down for trial by December 1, 2016. Remember, under the new Rule 48, matters commenced before January 1, 2012 that are not set down for trial will be automatically dismissed – without notice to counsel –… Read More »

Categories: Announcements, Biggest Claims Risks, LAWPRO Errors and Omissions Coverage, Civil Litigation, Limitations Claims

Dropping the ball on a file transfer: Rule 48 dangers

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When a file is transferred from one lawyer to another, one danger is when nothing happens on the file due to a clumsy transfer or missing critical information. A new file that has not been looked at can be a ticking time bomb. Deadlines like limitation periods can pass by unnoticed, and Rule 48 administrative… Read More »

Categories: Biggest Claims Risks, Communication Errors, Risk Management Strategies, Civil Litigation, Law Practice Management, Risk Management & Claims Prevention

Limited scope representation: With the right safeguards, possibilities abound

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A self-represented family law litigant anxiously prepares for a hearing, which can resolve months, if not years, of anxiety, and determine the litigant’s financial and family affairs in the near future. Retaining a lawyer from cradle to grave is out of budget for this litigant. What to do? Relief is around the corner – a… Read More »

Categories: Biggest Claims Risks, Risk Management Strategies, Family Law, Civil Litigation

Rule 48 dismissal FAQs

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In the last year we have received inquiries regarding the new Rule 48. Here are the questions we most frequently hear: 1. The main action is administratively dismissed under Rule 48. What happens to related counterclaims, cross claims and third party claims? Counterclaims, crossclaims, and third party claims are dealt with under Rule 48.14(9), which… Read More »

Categories: Biggest Claims Risks, Civil Litigation, Limitations Claims
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