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Biggest Claims Risks

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

Man delivering package

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

New Rule 48.14: Counterclaims, crossclaims, and third party claims will also be administratively dismissed

Court document stamped Dismissed January 1, 2017

We have received inquiries regarding whether a defendant’s counterclaim, crossclaim, or third party claim is also dismissed when the main action is administratively dismissed under Rule 48.14. The answer depends on the kind of claim. The defendant’s counterclaim and crossclaim will be automatically dismissed unless certain steps are taken within prescribed timelines. In the case… Read More »

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

Thousands of pre-2012 matters will be automatically dismissed January 1, 2017

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This is an alert LAWPRO sent to litigation lawyers on February 3, 2016. The clock is ticking. Under the new Rule 48.14 of the Rules of Civil Procedure, matters commenced before January 1, 2012 that are not set down for trial will be automatically dismissed – without notice to you – on January 1, 2017…. Read More »

Categories: Biggest Claims Risks, Civil Litigation, Limitations Claims
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