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Civil Litigation

Greater – but not perfect – clarity coming, at end of year, to question of personal property security jurisdiction

real-estate

A personal property security interest can’t be perfected if it’s registered in the wrong jurisdiction. Pinning down the appropriate jurisdiction for registration of a non-possessory interest in an intangible (like intellectual property), a good used in more than one jurisdiction (like a transport truck), or an instrument (like a lease) has proven to be surprisingly… Read More »

Categories: Real Estate, Civil Litigation, Corporate Law

LAWPRO defends lawyers: Opposing inappropriate expansion of lawyer’s scope of responsibility

errors-and-omissions-coverage

Advising clients of their rights on a legal matter is a significant responsibility and lawyers have a duty to discharge it with competence and care. But when defending a negligence claim where clients seek to hold lawyers accountable for the unfavourable results of their own business or strategic decisions, LAwPRO’s defence counsel don’t hesitate to… Read More »

Categories: LAWPRO Errors and Omissions Coverage, Civil Litigation

Don’t Let Fear Take Over Your Practice

biggest-claims-risks

Recently I experienced a night of cold sweats, anxiety, and dread. It all began with a family ski trip to Radium, Alberta. We were looking forward to enjoying the hot springs, the bighorn sheep, and the majesty of the Canadian Rockies. While there we planned to spend some time at the local ski resort. When… Read More »

Categories: Biggest Claims Risks, Communication Errors, Risk Management Strategies, Practice Aids, Civil Litigation, Limitations Claims, Wellness and Balance, Law Practice Management

When taking instructions isn’t taking instructions

risk-management-strategies

How does a diverse population and profession affect our ability as lawyers to settle files, facilitate the purchase of homes, and help businesses grow? It turns out that a number of claims have arisen in recent years where either lawyers have made bad assumptions about their racialized clients, or where racialized lawyers have been taken… Read More »

Categories: Risk Management Strategies, Civil Litigation, Diversity

Avoiding ‘Inadequate Investigation’ Claims in Plaintiff Litigation

biggest-claims-risks

Back in 1998, “inadequate discovery of fact or inadequate investigation” was the fifth most common cause of a claim when we looked at the top five reasons a claim was made against a lawyer. Since then the claims cause of “inadequate investigation” has climbed steadily upwards to the number one spot: By 2014, this category… Read More »

Categories: Biggest Claims Risks, Civil Litigation
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