Areas of Law
What keeps family law lawyers up at night? High-conflict cases
Like many areas of practice, family law is going through a period of change. Both clients and their lawyers are questioning traditional modes of practice. Economic woes both cause legal problems, and leave clients with limited resources with which to resolve them. Stress – for both families in crisis and for their lawyers – is… Read More »
Categories: Family LawFraud coverage: Some title insurance policies may not protect your lender client – and may leave you in the cross-hairs
Fraudulent real estate transactions arising out of identity theft continue to be a concern as many real estate lawyers fall victim to unscrupulous imposter clients. Identity fraud has become increasingly difficult to detect as the quality of false identification and other documents improves. Further, fraudsters enlist the assistance of others to play the role of… Read More »
Categories: Real Estate, The TitlePLUS Program & Title InsuranceWhat keeps family law lawyers up at night? Self-represented parties
Like many areas of practice, family law is going through a period of change. Both clients and their lawyers are questioning traditional modes of practice. Economic woes both cause legal problems, and leave clients with limited resources with which to resolve them. Stress – for both families in crisis and for their lawyers – is… Read More »
Categories: Family LawTitle insurance policies are like a box of chocolates – No two policies are the same
“The lawyer should be knowledgeable about title insurance and discuss with the client the advantages, conditions, and limitations of the various options and coverages generally available to the client through title insurance,” states Rule 2.02(10) of the Rules of Professional Conduct. This obligation was brought home in a recent malpractice case where the lawyer did… Read More »
Categories: Real Estate, The TitlePLUS Program & Title InsuranceWarning re: Claims exposure where private mortgage advance goes to third party
[The following is the text of a LAWPRO alert sent October 7, 2014. This post mirrors the alert, but includes samples of the new exemption clauses we have seen in claims files.] LAWPRO has become aware of a new exception to coverage in certain title insurance policies which could expose real estate practitioners to claims… Read More »
Categories: Fraud Prevention, Real Estate, The TitlePLUS Program & Title InsuranceWhen waiving a search comes back to haunt you
How a client perceives a lawyer’s role in a transaction often depends on the client’s experience. At one end of the spectrum, a new homebuyer may believe that the lawyer will not only navigate the process, but will also personally shield the client from all risks. At the other extreme, a sophisticated businessperson may urge… Read More »
Categories: Real EstateFive new documents released by the OBA Working Group on Lawyers and Real Estate
The Working Group on Lawyers and Real Estate is tasked with focusing on issues facing the real estate lawyer and creates tools for lawyers to become more efficient and better serve their clients. One of its latest projects is to create a set of province-wide precedent materials which lawyers can use and adapt for their… Read More »
Categories: Real EstatePower of attorney on the other side of your real estate transaction? Your cue to pay special attention
I had occasion to learn, recently, about the impact of a power of attorney on a real estate transaction: the most basic lesson being that powers of attorney increase fraud risk. So much so, in fact, that the Law Society of Upper Canada has recommended that their use should be avoided wherever possible in real… Read More »
Categories: Real Estate