Areas of Law
Practice Pitfalls – Beware the desperate client in a personal injury matter
In a previous issue of LAWPRO Magazine, we asked our claims counsel about what they feel are the biggest malpractice hazards in each area of law based on the claims files they work on every day. Here is an excerpt from that article dealing with clients who urge a quick settlement. Click here to read… Read More »
Categories: Civil LitigationPractice Pitfalls – Wills and Estates
In a previous issue of LAWPRO Magazine, we asked our claims counsel about what they feel are the biggest malpractice hazards in each area of law based on the claims files they work on every day. Here is an excerpt from that article urging lawyers to consider capacity when drafting a will. Click here to… Read More »
Categories: Wills & EstatesIs a real property survey still required?
When I’m asked if a real property survey is still required, I answer it depends, but do you and I agree on what it depends? Traditionally, real estate lawyers undertook a series of investigations – title and off-title – to provide the purchaser and lender clients with an opinion on whether title was good and… Read More »
Categories: Real Estate, The TitlePLUS Program & Title InsuranceTop 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 Strategies