About LAWPRO
Lawyers’ Professional Indemnity Company (LAWPRO) is owned by the Law Society of Upper Canada and is licensed to provide professional liability insurance and title insurance in numerous jurisdictions across Canada. Through its malpractice insurance program, LAWPRO insures over 25,000 practising lawyers in Ontario, as well as providing them with risk and practice management information under the practicePRO banner.
LAWPRO's Posts
Rule 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 ClaimsAlternative fee arrangements in litigation
In recent years more focus has turned to alternative fee arrangements as a way to offer clients more predictable costs and affordable legal services. Hughes Amys LLP, based out of Hamilton and Toronto, offers alternative fee arrangements which have proven successful for them. Here is a look at how they’ve done it. “We’ve been doing… Read More »
Categories: Civil LitigationHow to really communicate with clients and avoid malpractice claims
It seems so simple and yet a primary reason for a client to proceed with a malpractice claim against his or her lawyer is the failure of that lawyer to communicate effectively. To successfully step into the lawyer-client relationship in a malpractice – or any – claim, one needs to understand certain underlying concepts about… Read More »
Categories: Communication ErrorsThe facts on the overdraft protection in the LAWPRO policy
The expanded protection against counterfeit bank instruments was announced by LAWPRO in October 2009. This column by Kathleen Waters, President & CEO of LAWPRO, was in response to calls and emails form lawyers seeking clarification of how this coverage works. 1. This is an enhanced protection The Law Society insurance program has generally provided protection… Read More »
Categories: Fraud Prevention, LAWPRO Errors and Omissions CoverageThe Kenora gambit: Why it pays to know Ontario has two time zones
Did you know Ontario has two time zones? Veteran Claims Counsel Doug Scott was able to exploit that fact to help one of our insureds “repair” a problem and avoid a claim. Late one afternoon, Doug took a call from a frantic Toronto area lawyer who explained that a limitation period to sue on a… Read More »
Categories: LAWPRO Errors and Omissions Coverage, Limitations ClaimsFranchise Law Tenet: Disclosure! Disclosure! Disclosure!
LAWPRO is seeing an increase in claims against lawyers by franchisees and franchisors. These claims tend to involve significant damages which often approach or exceed the available limits under the primary LAWPRO policy. Franchises are governed by the Arthur Wishart Act (Franchise Disclosure), 2000 (the “Act”) which was enacted by the Ontario government to provide… Read More »
Categories: Franchise LawHow lawyers can help their clients become better communicators – and vice versa
Some solicitors may think that the responsibility for maintaining appropriate solicitor/client communications lies solely with them. It is true that solicitors who fail to adequately communicate with their clients risk losing those clients – or even facing a malpractice claim. But it is also true that clients have reciprocal obligations to disclose relevant facts, to… Read More »
Categories: Communication ErrorsTendering correctly: Preserve your client’s rights (and avoid a claim!)
Tendering, in real estate practice, is a strategy real estate lawyers can use to demonstrate a client’s willingness and readiness to close a transaction in circumstances where there may be doubts about the other party’s ability or willingness to close on time. done properly, tendering can help to preserve a client’s rights in the event… Read More »
Categories: Real Estate