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Communication Errors

New and exciting opportunities – and claims risks: Marijuana law

man smoking

As recreational marijuana makes its way onto Ontario store shelves, lawyers are gearing up for the new market. From producers to retailers, and everything in between – retail stores, physicians, banks, transportation companies, accountants, you name it – clients will come from all segments of industry. Here we take a look at some of the… Read More »

Categories: Uncategorized, Communication Errors, Risk Management Strategies, Law Practice Management, Risk Management & Claims Prevention

Malpractice claims regarding wills double in a decade

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While wills and estates may never rival litigation or real estate as a risky practice area for lawyers, LAWPRO has seen the average annual number of wills claims double over the past 10 years. Growth in property values renders these errors more expensive and growing complexity in family structures, family law and tax law makes… Read More »

Categories: Biggest Claims Risks, Communication Errors, Wills & Estates, Areas of Law, Risk Management & Claims Prevention

Wills: Why you should send clients detailed reporting letters

communication-errors

While the will itself is the product of the collaboration between lawyer and client, the reporting letter serves a separate purpose: it’s the record of the context. To the extent that the reporting letter documents the process of crafting the will, it can bolster validity, shield the lawyer from malpractice allegation and demonstrate the value… Read More »

Categories: Communication Errors, Wills & Estates, Areas of Law, Risk Management & Claims Prevention

Avoiding communication-based claims: some tips for litigators

communication-errors

Claims against litigation lawyers often involve allegations of communication errors. In this article, we consider steps that lawyers can take to avoid such claims right out of the gate – at the outset of their retainers. When we attribute a claim to a communication problem, what exactly do we mean? Here are some examples: a)… Read More »

Categories: Communication Errors, Civil Litigation

Good Practice Habits: Taking Instructions & Giving Recommendations

two statues talking

Lawyer/client communication-related claims are the number one source of malpractice claims in all areas of practice. These claims can arise when there is a mis-communication or no communication at all. The lawyer and client can be confused over who is doing what. Were instructions received but ignored? Was the lawyer supposed to do something which… Read More »

Categories: Biggest Claims Risks, Communication Errors, Law Practice Management, Risk Management & Claims Prevention

Litigation claims on the rise

marker drawing a line going upward

In recent years, the growth in civil litigation claims has outstripped the overall growth in claims. For example, from 2006 through 2010 LAWPRO received an average of 708 civil litigation claims each year, and during 2011 through 2015, the average increased to 948 each year. This growth of 34 per cent vastly exceeds the 7… Read More »

Categories: Biggest Claims Risks, Communication Errors, Civil Litigation, Limitations Claims

Build good practice habits and avoid malpractice claims: The new lawyer

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You are just beginning to build the habits that can help or hinder your practice in the long term. Consistency in how you deliver service – from the questions you ask at intake to the steps you take when the client leaves the office – is one of the foundations to protect yourself against malpractice… Read More »

Categories: Biggest Claims Risks, Communication Errors, Risk Management Strategies, Limitations Claims, Risk Management & Claims Prevention
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