Risk Management & Claims Prevention
Warning re: Claims exposure where private mortgage advance goes to third party
[The following is the text of a LAWPRO alert sent October 7, 2014. This post mirrors the alert, but includes samples of the new exemption clauses we have seen in claims files.] LAWPRO has become aware of a new exception to coverage in certain title insurance policies which could expose real estate practitioners to claims… Read More »
Categories: Fraud Prevention, Real Estate, The TitlePLUS Program & Title InsuranceFailure to communicate barriers to enforcement of terms of preferred lending practice
In his article “Manage Malpractice Risk by Recognizing Cultural Diversity“, Lorne Shelson (Litigation Director & Counsel in the Specialty Claims Department at LAWPRO) gives five ‘culturally-based’ claims scenarios loosely based on real LAWPRO claims. Here is one scenario: A woman needed to refinance her home to raise funds for her business. Due to her religious… Read More »
Categories: Communication ErrorsThe need to respect a client’s cultural traditions
In his article “Manage Malpractice Risk by Recognizing Cultural Diversity“, Lorne Shelson (Litigation Director & Counsel in the Specialty Claims Department at LAWPRO) gives five ‘culturally-based’ claims scenarios loosely based on real LAWPRO claims. Here is one scenario: A lawyer appeared on behalf of a client on a criminal matter. During a break in the… Read More »
Categories: Communication ErrorsCautionary tale of a lawyer targetted for fraud by a paralegal of the same cultural background
In his article “Manage Malpractice Risk by Recognizing Cultural Diversity“, Lorne Shelson (Litigation Director & Counsel in the Specialty Claims Department at LAWPRO) gives five ‘culturally-based’ claims scenarios loosely based on real LAWPRO claims. Here is one scenario: A lawyer was both a member of a racialized community and first licensed as a lawyer in… Read More »
Categories: Fraud PreventionReliance on cultural norms leads lawyer to act without full instructions
In his article “Manage Malpractice Risk by Recognizing Cultural Diversity“, Lorne Shelson (Litigation Director & Counsel in the Specialty Claims Department at LAWPRO) gives five ‘culturally-based’ claims scenarios loosely based on real LAWPRO claims. Here is one scenario: A man retained a lawyer to commence a medical malpractice lawsuit. The man believed that his wife… Read More »
Categories: Risk Management StrategiesHackers fast to take advantage of fears created by celebrity nude photo leak
This morning I got the following email, purportedly from Apple Support, telling me to take steps to update my Apple ID information: It is a text book example of a phishing scam – the very type of scam that was likely used for tricking some of the celebrities caught in the nude photo leak into… Read More »
Categories: Fraud PreventionBe on the lookout for fraud as the Labour Day long weekend approaches
On several occasions in the past, fraudsters have struck just before long weekends – a time when law firms are short-staffed and banks are closed an extra day. A long weekend creates circumstances that give the fraudsters a better chance of duping the lawyer and getting away before the fraud is discovered. Please be extra… Read More »
Categories: Fraud PreventionTitle Company May Appeal Ruling in Cyber Crime Case to U.S. Supreme Court
The American Land Titles Assocation reported on a case invovling a U.S. escrow company that had its bank account hacked by cyber criminals. While Canada doesn’t have escrow companies of this kind, it still serves as a lesson in what can happen if law firms don’t take adequate steps to protect against cyber attacks on… Read More »
Categories: Fraud Prevention