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Civil Litigation

LAWPRO Tales of Horror: The Phantom Client Returns…Again and Again

communication-errors

Recent LAWPRO claims have driven home to us the importance of formal retainer arrangements and avoiding the spectre of the phantom client. Unfortunately, these issues are not new. In 1991,William S. O’Hara wrote an article for the Law Society of Upper Canada Errors and Omissions Bulletin entitled “Beware of the Phantom Client.” He wrote: Of… Read More »

Categories: Communication Errors, Civil Litigation

Beware the “too quiet” file (and Rule 48)

civil-litigation

If you are lucky enough to have a busy practice, you may welcome the brief respite you get when a legal matter goes temporarily dormant. There are three rules for taking advantage of these lulls, however: first, any such periods must in fact be brief and temporary; second, you must understand the reason for the… Read More »

Categories: Civil Litigation

LAWPRO Magazine: Avoiding the Unintentional Expansion of Retainers

communication-errors

Here’s the scenario: A lawyer is retained to assist a client with a tort claim and an accident benefits claim. The client, meanwhile, has been informed that the long-term disability (LTD) benefits provided by her employer’s group plan are about to be terminated. In an effort to forestall the termination of benefits, she asks the… Read More »

Categories: Communication Errors, Family Law, Civil Litigation

Administrative dismissals: Don’t be caught standing when the music stops

civil-litigation

This article by Nora Rock (corporate writer and policy analyst at LAWPRO) originally appeared in the August 31 issue of The Lawyers Weekly published by LexisNexis Canada Inc. Like fossil fuels and the saber toothed-tiger, judicial patience is a non-renewable resource. We at LAWPRO are especially mindful of the limits of judicial forbearance in the… Read More »

Categories: Civil Litigation
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