Areas of Law
Avoiding communication-based claims: some tips for litigators
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: Civil Litigation, Communication ErrorsContingency planning for lawyers: Do you have a plan in place for your practice?
LAWPRO encourages lawyers to consider the impact that their unexpected death or incapacity would have on their practices, and to implement a plan to ensure that their clients continue to be served. The following article provides a good overview of issues lawyers should consider when making contingency plans. It originally appear in Hull & Hull… Read More »
Categories: Law Practice Management, Practice Aids, Wills & EstatesLitigation claims on the rise
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, Civil Litigation, Communication Errors, Limitations ClaimsA Few Good Practice Habits: Examination for Discovery
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 LitigationA Simple Habit To Avoid Missing Deadlines
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, Civil Litigation, Law Practice Management, Legal Technology, Practice Aids, Risk Management & Claims PreventionWhat kinds of PPSA claims does LAWPRO see?
What kinds of PPSA claims does LAWPRO see? Problems with registrations under personal property security legislation (such as the Ontario Personal Property Security Act (PPSA)) are common causes of claims against corporate/commercial lawyers, and indemnity costs associated with these claims can be high. Approximately ten claims involving allegations of PPSA-related mistakes are reported to LAWPRO… Read More »
Categories: Real EstateOntario dusts off the escheats rulebook – time to dust off your advice?
Most lawyers practising today remember the Ontario Escheats Act – if at all – as a terse one-page statute of limited application. However, surprise! While there’s no reason to anticipate a boom in property forfeited to the Crown, when it does happen, it will now be more complicated. This is thanks to the replacement, in… Read More »
Categories: Real EstateHow LAWPRO stood up for lawyers in 2016
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: Civil Litigation, LAWPRO Errors and Omissions Coverage, Limitations Claims