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Risk Management Strategies

When taking instructions isn’t taking instructions


How does a diverse population and profession affect our ability as lawyers to settle files, facilitate the purchase of homes, and help businesses grow? It turns out that a number of claims have arisen in recent years where either lawyers have made bad assumptions about their racialized clients, or where racialized lawyers have been taken… Read More »

Categories: Risk Management Strategies, Civil Litigation, Diversity

Reliance 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 Strategies

In the Lending Library: Locked Down: Information Security for Lawyers


In the paper world keeping client data confidential was easy and cheap. In the digital world, its difficult and expensive, and the job is never truly done. The authors of Locked Down (Sharon D. Nelson, David G. Reis and John W. Simek) believe that law firms are not doing enough to protect electronic client data…. Read More »

Categories: Risk Management Strategies, Legal Technology, Technology, Law Practice Management

The top things you can do to avoid a legal malpractice claim


In most areas of law practice, lawyer/client communication problems are the number one cause of claims, followed closely by deadline and time management issues. Together they typically account for more than half the malpractice claims LAWPRO sees. Failures to know or apply substantive law typically account for about 10% of claims. See The Biggest Claims… Read More »

Categories: Biggest Claims Risks, Communication Errors, Risk Management Strategies

Law Practice Magazine: Recognizing Risks and Avoiding Malpractice Claims


Do you know where the greatest risks of a malpractice claim come from? More importantly—did you know there are simple steps you can take to reduce the risk of a claim being made against you? The July/August issue of Law Practice Magazine is devoted to helping you avoid the dreaded allegation of legal malpractice, as… Read More »

Categories: Biggest Claims Risks, Risk Management Strategies, Fraud Prevention, Legal Technology, Practice Aids, Conflicts of Interest
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