LAWPRO Magazine Article Type
Avoiding communication-based claims: some tips for litigators
Claims against litigation lawyers often involve allegations of communication errors. In this article, we consider steps that lawyers can take to avoid such claims right out of the gate – at the outset of their retainers. When we attribute a claim to a communication problem, what exactly do we mean? Here are some examples: a)… Read More »
Categories: 2012 December Resolutions, Articles, Civil Litigation, Communications Errors, Practice TipsHow to untag yourself on Facebook (and why you might want to)
Have you ever been tagged in a picture or post on Facebook? If you have a Facebook account, the answer to this question is likely yes. And don’t feel comforted if you aren’t on Facebook: Anyone can be tagged in a photo, even someone who doesn’t have a Facebook account. Given the nature of Facebook,… Read More »
Categories: 2012 December Resolutions, Articles, Legal Technology, Privacy, Tech Tips2013 insurance coverage for lawyers in private practice
Standard insurance coverage The base program Eligibility: Required of all lawyers providing services in private practice. Coverage limit: $1 million per claim/$2 million in the aggregate (i.e., for all claims made in 2014), applicable to claim expenses, indemnity payments and/or costs of repairs together. New Cybercrime coverage sublimit: The 2014 insurance program introduces s a… Read More »
Categories: 2012 October - Insurance Issue 2013, Articles, Errors & OmissionsHolding the course on premiums for 2013, with an uneasy eye on claims
Quick summary: Base premium for 2013: $3,350 (unchanged from 2012) Minimum premium period (for the purpose of mid-year status changes) reduced to 30 days from 60 days Claims management: Pure claims-made approach reaffirmed 2013 policy addresses lawyer/paralegal partnerships LAWPRO holds course on $3,350 premium, but keeps close watch as claims reach $100 million territory For… Read More »
Categories: 2012 October - Insurance Issue 2013, Articles, Errors & OmissionsClaims costs climb into $100 million territory
Our readers will by now be familiar with the news that total claims costs (including internal handling costs) for each of the 2011 and 2012 policy years are expected to be in the $100 million ballpark. Our ongoing actuarial analysis makes it clear that claims costs of $80 million and more (before internal adjusting expense)… Read More »
Categories: 2012 October - Insurance Issue 2013, Articles, Errors & OmissionsWhy you don’t (but should) think about Excess insurance
If you are relying on only the coverage offered under LAWPRO’s mandatory insurance program to satisfy claims that may be made against you, you may be at financial risk. The coverage limits under the mandatory program are $1 million per claim and $2 million in the aggregate. The cost of resolving claims is growing every… Read More »
Categories: 2012 October - Insurance Issue 2013, Articles, Excess, Excess insurance2013 insurance coverage for exempt lawyers
in-house corporate counsel government lawyers, educators and others not in active private practice retired lawyers, estate trustees, emeritus lawyers, judges and others no longer practising law legal aid clinic lawyers (not directly employed by Legal Aid Ontario) lawyers who engage in only occasional practice in Ontario and are resident in a Canadian jurisdiction other than… Read More »
Categories: 2012 October - Insurance Issue 2013, Articles, Errors & OmissionsInadequate investigation/discovery now #1 cause of claims
The devil – as they say – is in the details. And it’s the details that appear to be creating issues for lawyers when it comes to the principal underlying cause of claims. Back in 1998, “inadequate discovery of fact or inadequate investigation” was the fifth most common cause of a claim when we looked… Read More »
Categories: 2012 August Checklists, Articles, Civil Litigation, Inadequate Investigation, Practice Tips, Real Estate, Wills & EstatesDiversify without dabbling: Before expanding your practice, expand your competence
Think you have the confidence to bluff your way through a file that’s outside your normal scope of practice? It might work if you were playing a lawyer on TV… but that’s only because your opponent (and the judge, if it’s a litigation file) would be actors, too. In the real world, trying to “fake… Read More »
Categories: 2012 August Checklists, Articles, Dabbling, Failure to Know The Law, Legal Careers, Practice Tips