Areas of Law
How long should you keep your closed files?
“How long do I have to keep my closed files?” is one of the most frequent questions lawyers ask practicePRO. Certainly you don’t have to keep all files permanently – this just doesn’t make practical or economic sense. Nor is the solution as simple as a one-size-fits-all rule for when to destroy closed files (e.g.,… Read More »
Categories: Civil Litigation, Limitations ClaimsIncreased run-off insurance: A critical issue often overlooked in lawyers’ estate planning
When a lawyer passes away while still in active private practice, LAWPRO’s run-off coverage kicks in. While standard run-off may be enough coverage for lawyers who have been retired for several years (since potential claims will have had time to develop), it may not be sufficient for a lawyer who was practising full-time at the… Read More »
Categories: Wills & EstatesHorseshoes and Hand Grenades: Settlement Offers in Bodily Injury Litigation
The Ontario Court of Appeal’s decision, Elbakhiet v. Palmer, 2014 ONCA 544, gives practical direction on how specific a settlement offer must be to meet the technical requirements of R49 of the Rules of Civil Procedure as well as the burden of proof imposed by R49.10(3). In January 2015 the Supreme Court of Canada dismissed… Read More »
Categories: Civil LitigationMalpractice danger areas in personal injury law
Having practised personal injury law before I joined LAWPRO, I faced constant challenges that threatened to derail my practice if improperly dealt with. Follow me as we take this journey into the life of a hypothetical file and uncover the most common sources of malpractice claims. The Case of Mr. Smith Mr. Smith suffers serious… Read More »
Categories: Biggest Claims Risks, Civil Litigation, Limitations ClaimsAdverse cost protection: what are the risks and benefits?
Adverse cost protection is a relatively new insurance or quasi-insurance product which can help lessen the financial blow of a lost case for both the client and lawyer. It may also be called adverse cost insurance, legal expense insurance, or after the event (ATE) insurance. While there is no standard contract or policy, the adverse… Read More »
Categories: Civil LitigationDropping the ball on a file transfer: Rule 48 dangers
When a file is transferred from one lawyer to another, one danger is when nothing happens on the file due to a clumsy transfer or missing critical information. A new file that has not been looked at can be a ticking time bomb. Deadlines like limitation periods can pass by unnoticed, and Rule 48 administrative… Read More »
Categories: Biggest Claims Risks, Civil Litigation, Communication Errors, Law Practice Management, Risk Management & Claims Prevention, Risk Management StrategiesSale of the Matrimonial Home in Family Disputes
The following is an e-bulletin from the Law Society of Upper Canada sent on Sept 27, 2016. Lawyers are often approached by spouses involved in a family law dispute who are seeking joint representation with respect to the sale of a matrimonial home. Before accepting a retainer to act for such spouses, a lawyer must… Read More »
Categories: Family LawNever release funds before closing without meeting security requirements under the Condominium Act
Not infrequently, LAWPRO sees claims related to the release of condominium purchasers’ deposits to a vendor prior to closing. The circumstances under which these deposits can be released are strictly limited under the Condominium Act, 1998, S.O. 1998, c.19 (the “Act”), and the legislation does not permit contracting out of security requirements. Prior to the… Read More »
Categories: Real Estate