Areas of Law
Top reasons files stall
Whether you run a lean and mean or volume-oriented personal injury practice, certain files are more prone to languish than others. What’s the real cost of running a file for too long? Work-in-progress accumulates with little to show for it, expert reports grow stale and need to be updated (which significantly increases disbursements), witnesses’ memories… Read More »
Categories: Civil Litigation, Limitations ClaimsWant a challenge-proof will? Think like a (wannabe) beneficiary
As a lawyer, you have likely been trained to maintain a laser focus on your client’s interests and how to express and defend them. Being a fierce advocate is usually a good thing. But when preparing a will for a client, it can be a useful exercise, once you have a good first draft, to… Read More »
Categories: Wills & EstatesNine rules to help family law clients and their lawyers avoid social media dangers
Family law lawyers should keep in mind that their 20 and 30-something clients grew up with technology. They live online 7/24. Facebook posts, YouTube videos, Instagram pictures, texting and tweeting are intertwined in the fabric of their daily lives. Young people also tend to be very open and will post personal and intimate details of… Read More »
Categories: Family Law, Privacy, TechnologyThe lender client: not just a third wheel in a purchase transaction
It isn’t uncommon for real estate lawyers to be retained to act for both the purchaser of a property and the mortgage lender that is financing the purchase. However, a review of lender claims against lawyers for negligence suggests a misconception by some lawyers who believe that their only obligation to the lender client is… Read More »
Categories: Real EstateSelf-Represented Litigants: A Survival Guide by Carol Cochrane
Why do we all shudder on learning that our client’s adversary is self-represented on a litigation file? So often we fail to appreciate opposing counsel – until we hear those dreaded words from our client: “You know, the other side won’t be getting a lawyer.” It is only then that we realize and appreciate the… Read More »
Categories: Civil Litigation, Family Law, Risk Management StrategiesTo avoid real estate claims: take instructions from the party with value at risk
If you’ve read even just the title of today’s risk management post, you’re on your way to avoiding a real estate claim. For seasoned real estate lawyers, the process of taking instructions, formulating or answering requisitions, and closing the deal can become, to a large extent, routine. An “ordinary” set of instructions with respect to… Read More »
Categories: Real Estate10 Common Mortgage Blunders You Can Easily Avoid
The Smiths (seemingly friendly and genuine people) walk into your law office with what appears to be a straightforward real estate deal including mortgage financing, for which you are to represent the lender as well. But, is it really that straightforward? Consider this: a high percentage of claims are caused by communication errors, inadequate investigation,… Read More »
Categories: Real EstateProofread that will!
There are not many guarantees in life, but this is one of them: If you proofread – properly – each and every will you create, you will substantially reduce your risk of a malpractice claim. Proofreading well is a highly underrated, non-universal skill. However, since lawyers proofread documents on a regular basis, most have a… Read More »
Categories: Wills & Estates