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Communication Errors

Amendments to the Rules of Professional Conduct — Transactions with Clients


The following is from the Law Society of Upper Canada’s June 2016 e-Bulletin Resources for Lawyers. The Rules of Professional Conduct (the “Rules”) with respect to Doing Business with a Client (now called Transactions with Clients) were amended on May 26, 2016. New Definition The term “transaction with a client” is now defined in rule… Read More »

Categories: Conflicts of Interest, Communication Errors

Prepare your client for trial and avoid a malpractice claim


I recently spoke about preparing your client for trial and avoiding a malpractice claim at the Advocates’ Society “Practice Essentials: Managing Your Way to Trial Success” CPD chaired by Emily C. Cole and Norm J. Emblem. The CPD spurred us to create a Client Trial Preparation Checklist to help you cover the bases with your clients. I hope the thoughts below… Read More »

Categories: Communication Errors, Precedents, Risk Management Strategies, Civil Litigation, Risk Management & Claims Prevention

Mastering difficult conversations with clients

Nobody likes to initiate an unpleasant conversation, and many of us will try to delay it or avoid it altogether. That’s just as true for lawyers who have difficult clients, but the consequences for them can be a breakdown of the lawyer/client relationship and a possible malpractice claim (1/3 of all LAWPRO claims are communications-related)…. Read More »

Categories: Communication Errors

OHIP subrogated claims


Counsel liability issues raised by OHIP subrogated claims Counsel representing clients who seek compensation for injuries caused by another’s negligence or wrongdoing are encouraged to be mindful that the Ministry of Health and Long-Term Care may also be entitled to recover its costs for health care and medical treatment provided to the injured party from… Read More »

Categories: Communication Errors, Risk Management Strategies, Civil Litigation

Avoid problems on motions for removal as lawyer of record


LAWPRO defence counsel have reported to us they have seen an increase in motions to be removed as lawyers of record and that these motions are not always going as expected or desired. In some cases motion materials do not have the required evidence, providing either too little information, or too much information (i.e., confidential… Read More »

Categories: Risk Management Strategies, Communication Errors

Lawyers: Learn to speak with precision


Marsha Hunter, writing in AttorneyatWork (Stop “Rough Drafting” and Learn to Speak with Precision), asks why lawyers can teach themselves to write with great precision, but when it comes time to speak can often ramble on with run-on sentences, dangling prepositions and dead-end fragments of sentences. Three tips she gives to speak in a tighter,… Read More »

Categories: Communication Errors

Five Questions to Ask a New Client


Claims resulting from miscommunication or breakdowns in the lawyer/client relationship can often be traced back to the early stages of the retainer. Did the lawyer truly understand what the client wanted? Were the clients expectations reasonable? Merrilyn Astin Tarlton, writing in the Attorney At Work blog, gives five questions for new clients that lawyers should… Read More »

Categories: Communication Errors

Respecting clients’ schedules and language needs


Mary Lokensgard has previously written (for Attorney at Work) about accommodating clients with special needs. In a new post she has expanded that idea to include client’s scheduling problems and language barriers as needs to be addressed as well. She has a number of easy to implement suggestions to make your office more accommodating to… Read More »

Categories: Communication Errors

Land Acknowledgement

The offices of LAWPRO are located on the traditional territory of many nations including the Mississaugas of the Credit, Anishnabeg, Chippewa, Haudenosaunee and Wendat peoples. Toronto is covered by Treaty 13 with the Mississaugas of the Credit. LAWPRO respects and acknowledges the histories, languages, knowledge systems, and cultures of First Nations, Metis, and Inuit nations.

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