Skip to Content

Civil Litigation

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

law-practice-management

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

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

civil-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: Civil Litigation, Biggest Claims Risks

Amendments to Rule 48 bring major changes to administrative dismissals

biggest-claims-risks

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 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

Land Acknowledgement

The offices of LAWPRO are located on the traditional territory of many nations including the Mississaugas of the Credit, Anishnabeg, Chippewa, Haudenosaunee and Wendat peoples. Toronto is covered by Treaty 13 with the Mississaugas of the Credit. LAWPRO respects and acknowledges the histories, languages, knowledge systems, and cultures of First Nations, Metis, and Inuit nations.

Back to top