Biggest Claims Risks
Don’t Let Fear Take Over Your Practice
Recently I experienced a night of cold sweats, anxiety, and dread. It all began with a family ski trip to Radium, Alberta. We were looking forward to enjoying the hot springs, the bighorn sheep, and the majesty of the Canadian Rockies. While there we planned to spend some time at the local ski resort. When… Read More »
Categories: Biggest Claims Risks, Communication Errors, Risk Management Strategies, Practice Aids, Civil Litigation, Limitations Claims, Wellness and Balance, Law Practice ManagementHow simple mistakes can lead to large claims
It’s easy to think that, at least in your office, a major claim couldn’t possibly happen. But LAWPRO’s experience shows that errors, innocent oversights and gaffes in any type of practice can lead to big problems. And if you or your firm don’t have adequate insurance in place to address the claim, you could be… Read More »
Categories: Biggest Claims RisksAvoiding ‘Inadequate Investigation’ Claims in Plaintiff Litigation
Back in 1998, “inadequate discovery of fact or inadequate investigation” was the fifth most common cause of a claim when we looked at the top five reasons a claim was made against a lawyer. Since then the claims cause of “inadequate investigation” has climbed steadily upwards to the number one spot: By 2014, this category… Read More »
Categories: Biggest Claims Risks, Civil LitigationPractice Tip: Limited scope representation
More and more frequently, the delivery of legal services is moving away from the full service model. Small practitioners and larger firms alike offer limited scope or “unbundled” representation, which let clients pick and choose when (or for which tasks) they want to engage a lawyer during the life of a transaction or piece of… Read More »
Categories: Biggest Claims Risks, Communication ErrorsAmendments to Rule 48 bring major changes to administrative dismissals
Significant changes to the Rules of Civil Procedure relating to administrative dismissals appear in Ontario Regulation 170/14, published in the September 6, 2014 Ontario Gazette. Specifically, the existing Rules 48.14 (Action not on trial list) and 48.15 (Action abandoned) were revoked, and a new Rule 48.14 (Dismissal of an action for delay) was substituted in… Read More »
Categories: Biggest Claims Risks, Civil LitigationResolutions to avoid litigation claims
I will enter target dates a few days early to avoid last minute complications. Unforeseen circumstances can arise on the day a document needs to be filed. Setting your target date a few days before a deadline could prevent a snow storm, traffic jam or sick-at-home clerk resulting in a missed deadline. I will familiarize… Read More »
Categories: Biggest Claims Risks, Civil LitigationDon’t accept every file that walks in the door
At the risk of sounding like a self-help book designed to help you find Mr. or Ms. Right, we’d like to remind you (the day before Valentine’s Day, no less!) that being selective about the clients you represent is an important claims-prevention strategy. Depending on your area of law and how established your practice, you… Read More »
Categories: Biggest Claims RiskspracticePRO Resourec: Managing the Lawyer/Client Relationship
Lawyer/client communication-related errors are the biggest cause of malpractice claims. By cost and count, more than one-third of LAWPRO claims involved this type of error. Most claims arise out of fundamental failures in the lawyer/client relationship – failures such as inadequate client-case screening, poor communication and insufficient systems, trails and record-keeping. The Managing the Lawyer/Client… Read More »
Categories: Biggest Claims Risks