Risk Management & Claims Prevention
Avoiding ‘Inadequate Investigation’ Claims in Plaintiff Litigation
Back in 1998, “inadequate discovery of fact or inadequate investigation” was the fifth most common cause of a claim when we looked at the top five reasons a claim was made against a lawyer. Since then the claims cause of “inadequate investigation” has climbed steadily upwards to the number one spot: By 2014, this category… Read More »
Categories: Biggest Claims Risks, Civil LitigationPractice Tip: Limited scope representation
More and more frequently, the delivery of legal services is moving away from the full service model. Small practitioners and larger firms alike offer limited scope or “unbundled” representation, which let clients pick and choose when (or for which tasks) they want to engage a lawyer during the life of a transaction or piece of… Read More »
Categories: Biggest Claims Risks, Communication ErrorsAmendments to Rule 48 bring major changes to administrative dismissals
Significant changes to the Rules of Civil Procedure relating to administrative dismissals appear in Ontario Regulation 170/14, published in the September 6, 2014 Ontario Gazette. Specifically, the existing Rules 48.14 (Action not on trial list) and 48.15 (Action abandoned) were revoked, and a new Rule 48.14 (Dismissal of an action for delay) was substituted in… Read More »
Categories: Biggest Claims Risks, Civil LitigationResolutions for stress relief, wellness and balance
The life of a lawyer, especially a solo or small firm practitioner, is often stressful. Stress itself is not necessarily a bad thing; our body’s reaction to stress actually helps us to meet the sudden demands that we face as busy lawyers. However, too much stress too often becomes chronic stress, and takes its toll… Read More »
Categories: Wellness and BalanceResolutions to avoid litigation claims
I will enter target dates a few days early to avoid last minute complications. Unforeseen circumstances can arise on the day a document needs to be filed. Setting your target date a few days before a deadline could prevent a snow storm, traffic jam or sick-at-home clerk resulting in a missed deadline. I will familiarize… Read More »
Categories: Biggest Claims Risks, Civil LitigationResolutions to better set and control client expectations
Clients can be demanding and will sometimes have expectations that will be unreasonable. Unmet expectations, even if they are totally unreasonable, are a recipe for unhappy clients. Setting and controlling client expectations is one of the best things you can do to ensure that you have a happy and satisfied client at each stage and… Read More »
Categories: Communication ErrorsAvoiding Communications Claims: Wills & Estates
No matter what the area of practice, the number one source of claims at LAWPRO is a breakdown in communication between the lawyer and client. Between 2008 and 2013, nearly 4,600 communications claims – an average of 762 a year – have been reported to LAWPRO. The total cost of these claims to date is… Read More »
Categories: Communication Errors, Wills & EstatesAvoiding Communications Claims: Family Law
No matter what the area of practice, the number one source of claims at LAWPRO is a breakdown in communication between the lawyer and client. Between 2008 and 2013, nearly 4,600 communications claims – an average of 762 a year – have been reported to LAWPRO. The total cost of these claims to date is… Read More »
Categories: Communication Errors, Family Law