Content Type
Don’t slip down that slope! Don’t let personal issues lead you to bend the rules
At least two of the Law Society of Upper Canada’s discipline decisions in the last few months referenced a lawyer’s “loss of moral compass.” Even honest and well-intentioned lawyers have, when under pressure or when suffering from illness, addiction or a personal crisis, succumbed to the belief that it’s perfectly fine to bend the rules… Read More »
Categories: 2015 September Blue Sky, Articles, Could This Happen to You?, Ethics, Fraud, WellnessAccess to justice: Limited scope representation
Increasingly, legal services are moving away from the full-service model. Outsourcing document review, e-discovery, and other discrete legal services are becoming more common-place. Small practitioners and larger firms alike can offer limited scope representation, or “unbundled” representation, which let clients pick and choose when they want to engage with a lawyer during the life of… Read More »
Categories: 2015 September Blue Sky, Access to Justice, Articles, Civil Litigation, Communications Errors, Limited scope retainer/unbundling, Practice TipsBook reviews: Two books for better health
The practicePRO Lending Library has two great books on wellness issues that you can borrow. If you are looking for help in finding more balance in your life, The Lawyer’s Guide to Balancing Life and Work, by George W. Kaufman, is just for you. Kaufman, who was a successful and seasoned partner for 40 years… Read More »
Categories: 2015 September Blue Sky, Articles, Legal Careers, Wellness, Wellness2016: Base premium holds steady; REPCO reduced
Insurance program enters third decade on strong, positive footing Quick summary: base premium for 2016: $3,350 (unchanged since 2011) Real Estate Practice Coverage Option (REPCO) $100 for 2016 (down from $250) Run-off coverage now stands behind mentoring efforts of exempt lawyers LAWPRO coverage for paralegal shareholders in combined licensee (incorporated) firms Base premium stable The… Read More »
Categories: 2015 September - Insurance Issue 2016, Articles, Errors & OmissionsREPCO reduction reflects commitment to risk-rating
Real estate and civil litigation continue to be the areas of practice with the highest claims, both in terms of count and cost. However, real estate claims based on the registration of fraudulent instruments under the Land Titles Act where the claim would otherwise be excluded from coverage due to the dishonesty of the insured… Read More »
Categories: 2015 September - Insurance Issue 2016, Articles, Errors & Omissions, LAWPRO policy, Real EstateGet proof of coverage with a click of your mouse
Have you been asked to provide a Certificate of Insurance to a client, a law society, or anyone else? You can now request and print an individual or a firm-wide Certificate of Insurance via the My LAWPRO online portal. While in many cases the Declarations Page of your insurance coverage confirmation will suffice as proof… Read More »
Categories: 2015 September - Insurance Issue 2016, Articles, Errors & Omissions, LAWPRO policyNever release funds before closing without meeting security requirements under the Condominium Act
Not infrequently, LAWPRO sees claims related to the release of condominium purchasers’ deposits to a vendor prior to closing. The circumstances under which these deposits can be released are strictly limited under the Condominium Act, 1998, S.O. 1998, c.19 (the “Act”), and the legislation does not permit contracting out of security requirements. Prior to the… Read More »
Categories: Areas of Law, Articles, Content Type, Real EstateLenders’ lawyers: beware of fake title insurance policies
While relatively rare, LAWPRO has seen instances of fake title insurance policies. Kathleen Waters, LAWPRO’s President & CEO, touched on the subject at the Law Society’s recent Real Estate Summit. An example of a situation in which a policy has been discovered to be fake is where the lender insured has asked that the borrower’s… Read More »
Categories: Areas of Law, Articles, Content Type, Real Estate, Title insuranceWhat do title insurers expect from lawyers?
Still relatively new in Canada, title insurance is not fully understood by many consumers. Even certain less-sophisticated lenders lack detailed knowledge of the product. The responsibility for explaining title insurance to those who purchase it – and for supporting insureds in obtaining coverage that suits their needs – falls squarely on lawyers’ shoulders. Lawyers are… Read More »
Categories: Areas of Law, Articles, Communications Errors, Content Type, Inadequate Investigation, Real Estate, Title insurance, TopicsYou can rely on the register except when you can’t
As between innocent mortgagees, which has priority when a fraudulent discharge of a first mortgage makes way for additional mortgages? A fraudulent discharge is discovered After a “second mortgage” it issued to Brampton homeowners in December of 2012 went into default in February 2013, lender Secure Capital issued a notice of sale. CIBC, which believed… Read More »
Categories: Areas of Law, Articles, Content Type, Fraud, Real Estate