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Civil Litigation

Avoiding communication-based claims: some tips for litigators

communication-errors

Claims against litigation lawyers often involve allegations of communication errors. In this article, we consider steps that lawyers can take to avoid such claims right out of the gate – at the outset of their retainers. When we attribute a claim to a communication problem, what exactly do we mean? Here are some examples: a)… Read More »

Categories: Communication Errors, Civil Litigation

Litigation claims on the rise

marker drawing a line going upward

In recent years, the growth in civil litigation claims has outstripped the overall growth in claims. For example, from 2006 through 2010 LAWPRO received an average of 708 civil litigation claims each year, and during 2011 through 2015, the average increased to 948 each year. This growth of 34 per cent vastly exceeds the 7… Read More »

Categories: Biggest Claims Risks, Communication Errors, Civil Litigation, Limitations Claims

A Few Good Practice Habits: Examination for Discovery

civil-litigation

An examination for discovery often marks the point in which you really sink your teeth into a case. The parties and opposing counsel come to a face-to-face meeting, and key evidence comes out, warts and all. Much of the exploration in an examination for discovery will uniquely depend on the specific witness and the answers… Read More »

Categories: Civil Litigation

A Simple Habit To Avoid Missing Deadlines

gears

Here at Claims Prevention & practicePRO we often talk about “baby steps”. The big idea is that taking baby steps can help make you a more effective lawyer. There isn’t necessarily One Big Thing that will magically turn you into a great lawyer.  The  elements of a habit are explored in Charles Duhigg’s The Power… Read More »

Categories: Biggest Claims Risks, Legal Technology, Practice Aids, Civil Litigation, Law Practice Management, Risk Management & Claims Prevention

How LAWPRO stood up for lawyers in 2016

Canadian justice

The great majority of claims reported to LawPRO are either abandoned, settled, or resolved through mediation or arbitration. But if we hope to preserve reasonable and fair limits on the scope of lawyers’ responsibilities, we must occasionally go to court. Our litigation track record is proof of our sound judgment about when to go to… Read More »

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

Top reasons files stall

civil-litigation

Whether you run a lean and mean or volume-oriented personal injury practice, certain files are more prone to languish than others. What’s the real cost of running a file for too long? Work-in-progress accumulates with little to show for it, expert reports grow stale and need to be updated (which significantly increases disbursements), witnesses’ memories… Read More »

Categories: Civil Litigation, Limitations Claims

Self-Represented Litigants: A Survival Guide by Carol Cochrane

risk-management-strategies

Why do we all shudder on learning that our client’s adversary is self-represented on a litigation file? So often we fail to appreciate opposing counsel – until we hear those dreaded words from our client: “You know, the other side won’t be getting a lawyer.” It is only then that we realize and appreciate the… Read More »

Categories: Risk Management Strategies, Family Law, Civil Litigation
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