Civil Litigation
LAWPRO defends lawyers: Opposing inappropriate expansion of lawyer’s scope of responsibility
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 LitigationDon’t Let Fear Take Over Your Practice
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 ManagementWhen taking instructions isn’t taking instructions
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: Civil Litigation, Diversity, Risk Management StrategiesAvoiding ‘Inadequate Investigation’ Claims in Plaintiff Litigation
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 LitigationAmendments to Rule 48 bring major changes to administrative dismissals
Significant changes to the Rules of Civil Procedure relating to administrative dismissals appear in Ontario Regulation 170/14, published in the September 6, 2014 Ontario Gazette. Specifically, the existing Rules 48.14 (Action not on trial list) and 48.15 (Action abandoned) were revoked, and a new Rule 48.14 (Dismissal of an action for delay) was substituted in… Read More »
Categories: Biggest Claims Risks, Civil LitigationResolutions to avoid litigation claims
I will enter target dates a few days early to avoid last minute complications. Unforeseen circumstances can arise on the day a document needs to be filed. Setting your target date a few days before a deadline could prevent a snow storm, traffic jam or sick-at-home clerk resulting in a missed deadline. I will familiarize… Read More »
Categories: Biggest Claims Risks, Civil LitigationLAWPRO Tales of Horror: The Phantom Client Returns…Again and Again
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 LitigationBeware the “too quiet” file (and Rule 48)
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