Areas of Law
Resolve to get your practice off to the best possible start
Professional liability claims can take the wind out of the sails of anyone’s legal career, but can be especially demoralizing for a new lawyer. Your best chance at avoiding claims is to develop great working habits right from the start. Here are some practice ‘resolutions’ that you may want to consider. Want more? Read the… Read More »
Categories: 2014 Student Issue 2, Articles, Civil Litigation, Communications Errors, Corporate Law, Criminal Law, Family, Law students/new lawyers, Legal Careers, New Lawyers, Real Estate, Wellness, Wills & EstatesNon-disclosure of Pierringer agreement amounts – is there a “way out” for LAWPRO insureds?
“Pierringer” agreements allow one or more defendants in a multi-defendant proceeding to settle with the plaintiff, leaving the remaining defendants responsible only for the loss they actually caused. In Sable Offshore Energy Inc. v. Ameron International Corp., 2013 SCC 37, the Supreme Court of Canada held that the financial terms of a Pierringer settlement need… Read More »
Categories: Areas of Law, Articles, Civil Litigation, Content TypeConsider threshold questions before accepting joint retainers in wills
Joint retainers are common in wills practice. Wills and estates lawyers are often asked to prepare mirror or mutual wills for two spouses. While the lawyer is typically assured by the couple that they are in agreement about the proposed estate plan, lawyers should be careful when relying on these assurances, because over the past… Read More »
Categories: Areas of Law, Articles, Communications Errors, Conflicts of Interest, Content Type, Inadequate Investigation, Retainers, Wills & EstatesMaking the application process easier and quicker: Streamlined TitlePLUS underwriting for many residential properties over $1 million
Constantly looking for ways to improve processes, we are pleased to provide an easier application process for some residential properties in Ontario over the $1 million mark. Our standard automated underwriting now applies to the following types of properties (for purchase, mortgage-only and OwnerEXPRESS policies): New and resale condominiums, up to $2 million; New homes… Read More »
Categories: 2013 September practicePRO 15th, Articles, Real Estate, TitlePLUSKnow how administrative dismissal claims happen, and take 8 steps to immunize yourself against them
Rule 48 claims arise when it is alleged that the dismissal of a claim was due to the lawyer’s negligence with respect to either a defended (Rule 48.14) or an undefended (48.15) action. Many of these claims have been very costly for LAWPRO. While certain Rule 48 claims can be repaired by speaking with opposing… Read More »
Categories: 2013 September practicePRO 15th, Admin dismissals/Rule 48, Articles, Civil Litigation, Limitation PeriodsSteer clear of real estate claims by asking these five questions on every deal
The real estate lawyer’s job is more than just conveying title, and not every matter will be straightforward. Communication errors and inadequate investigation are the biggest causes of real estate claims at LAWPRO, respectively 41 per cent and 26 per cent of claims reported between 2001 and 2011. Busy, high-volume practices often lead to situations… Read More »
Categories: 2013 September practicePRO 15th, Articles, Communications Errors, Inadequate Investigation, Real EstateLarge or small: Every recovery counts
We may not be able to control the amount of claims we receive, but here at LAWPRO we do actively pursue recovery of costs owing to us from third parties throughout the year. Regardless of the amount recoverable, where the cost of recovery efforts warrant, we take action to enforce judgments, file writs, and take… Read More »
Categories: 2013 May - Year in Review 2012, Articles, Corporate Law, Wills & Estates, Year in ReviewLAWPRO works with lawyers to correct errors and minimize losses
“Repair” work − steps taken to correct an error or problem to minimize or avoid claims costs − is an important part of LAWPRO’s claims portfolio. Depending on the nature of the error, LAWPRO may take these steps directly, or provide support while the insured conducts a “self-repair”. The most commonly-repaired claims are in the… Read More »
Categories: 2013 May - Year in Review 2012, Admin dismissals/Rule 48, Articles, Casebook, Civil Litigation, Wills & Estates