Risk Management Strategies
When 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: Risk Management Strategies, LAWPRO Errors and Omissions CoverageSitting on a non-profit board: A risk management checklist
Serving as a director of a charitable or not-for-profit corporation can be a rewarding but potentially risky experience. A director can be held personally liable for his or her own actions or failures to act, as well as jointly and severally liable with the other members of the board of directors. Directors with specialized knowledge… Read More »
Categories: Risk Management Strategies, Practice AidsPrepare 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 PreventionOHIP 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 LitigationAvoid 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: Communication Errors, Risk Management StrategiesParadoxically, pessimism leads to happiness
Can pessimism lead to happiness? Conventional wisdom says no: “Research shows that an optimistic outlook is good for your mental health,” said Patricia Spataro, director of the New York State Lawyer Assistance Program, a resource for attorneys with mental health concerns. “But lawyers are trained to always look for the worst-case scenario. They benefit more… Read More »
Categories: Risk Management Strategies, Career Management, Wellness and Balance, Law Practice ManagementInside the Lawyer’s Mind Part 5: Resilience
The last trait we look at in this series is resilience. A lawyer high in resilience is receptive to criticism and feedback and is not defensive. He is less likely to take criticism personally and is better at focusing on accomplishing the task at hand. If he suffers a loss or is rejected, he will… Read More »
Categories: Risk Management Strategies, Career Management, Law Practice ManagementInside the Lawyer’s Mind Part 4: Sociability
In parts 1 to 3 of this series we discussed the three traits that lawyers score particularly high on in personality assessments: skepticism, autonomy, and urgency. In this post and the next we look at two traits that lawyers score low on: sociability and resilience. In some ways, these are the most surprising findings. The… Read More »
Categories: Career Management, Law Practice Management, Risk Management Strategies