Risk Management & Claims Prevention
LAWPRO Magazine archives: Funds handling – and the benefits of wire transfers
The recent increase in the number of frauds – many involving counterfeit financial instruments – have been a wake-up call to the bar on two fronts: First – fraudsters are targeting all lawyers, not only real estate practitioners. For more on this, see LAWPRO’s Fraud Fact Sheet. Second – that there is some confusion about… Read More »
Categories: Fraud PreventionNew Phishing Attack Pretends to Be Bar Communication
The following warning was issued by Lawyers Mutual of North Carolina. We haven’t had any reports of this in Ontario yet, but lawyers should always be alert to phishing scams that try to trick them into opening an attachment or clicking a link that could instal malware. There is a new phishing scam targeting bar… Read More »
Categories: Fraud PreventionSimultaneously acting for members of the same family is risky
Many lawyers assume that simultaneously acting for members of the same family and their business or corporate entities is relatively safe from fraud and conflicts issues. After all, the parties all know each other and everyone is on good terms. Unfortunately, this is just not the case. An analysis of LAWPRO claims files tell us… Read More »
Categories: Conflicts of InterestPrepare 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: Civil Litigation, Communication Errors, Precedents, Risk Management & Claims Prevention, Risk Management StrategiesBeware of shelter fraud in real estate transactions
In the September 2010 issue of LAWPRO Magazine, we asked our claims counsel about what they feel are the biggest malpractice hazards in each area of law based on the claims files they work on every day. Here is an excerpt from that article dealing with clients who urge a quick settlement. Click here to… Read More »
Categories: Fraud PreventionMastering 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 ErrorsOHIP 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: Civil Litigation, Communication Errors, Risk Management StrategiesDanger: When a hacker emails you instructions in the name of your client
The determination and energy of hackers knows no bounds. They show remarkable imagination and ingenuity in coming up with ever more devious ways to steal trust funds by duping lawyers. As an example of this, we have recently seen several instances where a fraudster hacked into a client’s email with the intent to divert funds… Read More »
Categories: Fraud Prevention, Technology