Communication Errors
Cottages and Rural Properties: Avoid Common Errors that Lead to Title Insurance Claims
Cottages are a Canadian summertime staple. For many, cottage life has become tradition and cottage ownership is a dream come true. Conversely, cottage and rural residential properties generally present the real estate lawyer with some of the most challenging and complex issues of any area of real estate law, and may surprise lawyers who are… Read More »
Categories: Communication Errors, Real EstateDrafting a non-engagement letter
Phantom clients, those who believe they are represented by you, though the individual has not formally hired or retained you, can lead to a potential claim down the road. If you decline an engagement for legal services or the client chooses not to retain you, the non-engagement should immediately be confirmed in writing by way… Read More »
Categories: Communication Errors, PrecedentsEmotional intelligence: the essential skill for the workplace and life
The concept of emotional intelligence isn’t new but has seen exponential growth over the years and is said to be the essential skill in the workplace and in our personal lives. We’ve all heard about the dichotomy of the heart and mind – it is at the centre of the concept of emotional intelligence. Stopping… Read More »
Categories: Uncategorized, Communication Errors, Wellness and BalanceWills: Why you should send clients detailed reporting letters
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 PreventionNew and exciting opportunities – and claims risks: Marijuana law
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: Risk Management Strategies, Law Practice Management, Risk Management & Claims Prevention, Uncategorized, Communication ErrorsMalpractice claims regarding wills double in a decade
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 PreventionAvoiding communication-based claims: some tips for litigators
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 LitigationGood Practice Habits: Taking Instructions & Giving Recommendations
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