Risk Management & Claims Prevention
Rule 48 dismissal FAQs
In the last year we have received inquiries regarding the new Rule 48. Here are the questions we most frequently hear: 1. The main action is administratively dismissed under Rule 48. What happens to related counterclaims, cross claims and third party claims? Counterclaims, crossclaims, and third party claims are dealt with under Rule 48.14(9), which… Read More »
Categories: Biggest Claims Risks, Civil Litigation, Limitations ClaimsHow to really communicate with clients and avoid malpractice claims
It seems so simple and yet a primary reason for a client to proceed with a malpractice claim against his or her lawyer is the failure of that lawyer to communicate effectively. To successfully step into the lawyer-client relationship in a malpractice – or any – claim, one needs to understand certain underlying concepts about… Read More »
Categories: Communication ErrorsThe facts on the overdraft protection in the LAWPRO policy
The expanded protection against counterfeit bank instruments was announced by LAWPRO in October 2009. This column by Kathleen Waters, President & CEO of LAWPRO, was in response to calls and emails form lawyers seeking clarification of how this coverage works. 1. This is an enhanced protection The Law Society insurance program has generally provided protection… Read More »
Categories: Fraud Prevention, LAWPRO Errors and Omissions CoverageThe Kenora gambit: Why it pays to know Ontario has two time zones
Did you know Ontario has two time zones? Veteran Claims Counsel Doug Scott was able to exploit that fact to help one of our insureds “repair” a problem and avoid a claim. Late one afternoon, Doug took a call from a frantic Toronto area lawyer who explained that a limitation period to sue on a… Read More »
Categories: LAWPRO Errors and Omissions Coverage, Limitations ClaimsWhen you do legal work involving foreign law or lawyers: Are you covered?
Lawyers and their clients are more mobile than ever before. With the Internet, easy international travel and a global economy, relationships and business transactions – and legal matters and disputes – frequently cross international borders. Handling matters that involve foreign law can increase the risk that you will face a malpractice claim, and can have… Read More »
Categories: LAWPRO Errors and Omissions Coverage, Risk Management StrategiesHow lawyers can help their clients become better communicators – and vice versa
Some solicitors may think that the responsibility for maintaining appropriate solicitor/client communications lies solely with them. It is true that solicitors who fail to adequately communicate with their clients risk losing those clients – or even facing a malpractice claim. But it is also true that clients have reciprocal obligations to disclose relevant facts, to… Read More »
Categories: Communication ErrorsReading the signs: Stepping in when a colleague needs help
As adults in the workplace, we usually strive to respect our coworkers’ privacy and autonomy. But it’s important to understand the difference between being nosy and being responsive. The taboos that accompany mental illness, substance abuse and interpersonal problems can make it difficult for workers to seek help when they need it. By reacting sensitively… Read More »
Categories: Wellness and BalanceOntario firm narrowly avoids $500,000 email & phone hack attempt
An Ontario lawyer called to inform us of what appears to be an email hack attempt (similar to what is described here) against his firm and one of his clients, with the goal of diverting closing funds from a transaction into a different bank account. An email to the client appeared to come from this… Read More »
Categories: Fraud Prevention