Biggest Claims Risks
Build good practice habits and avoid malpractice claims: The new lawyer
You are just beginning to build the habits that can help or hinder your practice in the long term. Consistency in how you deliver service – from the questions you ask at intake to the steps you take when the client leaves the office – is one of the foundations to protect yourself against malpractice… Read More »
Categories: Biggest Claims Risks, Communication Errors, Risk Management Strategies, Limitations Claims, Risk Management & Claims PreventionPsychological tips to win over your clients, juries, and judges
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 ManagementMalpractice danger areas in personal injury law
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 ClaimsDropping the ball on a file transfer: Rule 48 dangers
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: Civil Litigation, Law Practice Management, Risk Management & Claims Prevention, Biggest Claims Risks, Communication Errors, Risk Management StrategiesLimited scope representation: With the right safeguards, possibilities abound
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 LitigationRule 48 dismissal FAQs
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 ClaimsThousands of pre-2012 matters will be automatically dismissed January 1, 2017
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: Limitations Claims, Biggest Claims Risks, Civil LitigationLAWPRO Magazine archive: Solo, small and large firms make the same errors
Without even trying, most lawyers could come up with dozens of ways in which big law firms are different from their small and solo firm counterparts. But despite all these differences, the most common malpractice errors at large, small and solo firms are virtually identical. This article illustrate the eight most common types of errors… Read More »
Categories: Biggest Claims Risks