There are multiple scenarios whereby fraudsters will attempt to have you wire funds to a different account than the one that you had intended to fund. Unfortunately, some of those attempts are successful. LAWPRO has received such claims and heard of many others. Here are some tips to assist you if such a fraud happens… Read More »
Categories: Fraud PreventionSignificant 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: Civil Litigation, Biggest Claims RisksYou can still find yourself being sued for malpractice, even if you have done everything correctly. A well-documented file can help to explain what work was done or to justify an account and can be a lifesaver when it comes to defending a malpractice claim. A good paper trail can help show what work was… Read More »
Categories: Law Practice ManagementFees disputes commonly lead to unpaid accounts, Law Society complaints and/or malpractice claims. For these reasons you should do your best to avoid fee disputes with your clients. Here are some simple resolutions that will help you accomplish this: I will get a sufficient retainer at the start of a matter: At the start of… Read More »
Categories: Law Practice ManagementThe December 26, 2014, issue of Lawyers Weekly has an article on a claims exposure that arises due to coverage exceptions in certain title insurance policies. Real estate lawyers need to be aware of this claims exposure and how to avoid it. LAWPRO has seen 7 claims with combined losses approaching $2 million, including one… Read More »
Categories: Real EstateI will ask more probing questions when meeting with a client to prepare a will: Too many lawyers are not asking the questions that could uncover facts that could cause problems later, or making clear to the client what information they need to provide. Was there a prior will? Are all the beneficiaries identified correctly?… Read More »
Categories: Wills & EstatesThe 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 BalanceEffective file management provides the foundation for timely, valuable client service and appropriate management of client matters. Here are some resolutions to help you complete the critical steps in file management: I will complete a conflicts check before opening a file: Conflicts of interest can lead to ugly and expensive malpractice claims. The best time… Read More »
Categories: Law Practice ManagementI 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 LitigationLand Acknowledgement
The offices of LAWPRO are located on the traditional territory of many nations including the Mississaugas of the Credit, Anishnabeg, Chippewa, Haudenosaunee and Wendat peoples. Toronto is covered by Treaty 13 with the Mississaugas of the Credit. LAWPRO respects and acknowledges the histories, languages, knowledge systems, and cultures of First Nations, Metis, and Inuit nations.
