Malpractice Errors
Manage malpractice risk by recognizing cultural diversity
In the social realm, cultural differences can be awkward for those on both sides; but in the context of legal services, cross-cultural misunderstandings and other culture-related factors can occasionally lead to malpractice claims against lawyers. The good news: claims with a cultural component are easily preventable as they tend to reflect certain recurring themes. One… Read More »
Categories: 2014 September Diversity, Articles, Civil Litigation, Communications Errors, Criminal Law, Diversity, Practice Tips, Real EstateWarning: Insurers can ‘contract out’ of the Limitations Act, 2002 in ‘non-consumer’ policies
The law of limitations applicable to insurance claims has entered a period of uncertainty, arising in part from insurers’ ability to “contract out” of the Limitations Act, 2002 (LA 2002) where the insured is not a “consumer.” Claims on group long-term disability policies may prove especially hazardous. This article discusses this new development, and touches… Read More »
Categories: 2014 September Diversity, Articles, Casebook, Civil Litigation, Failure to Know The Law, Limitation PeriodsWhen waiving a search comes back to haunt you
How a client perceives a lawyer’s role in a transaction often depends on the client’s experience. At one end of the spectrum, a new homebuyer may believe that the lawyer will not only navigate the process, but will also personally shield the client from all risks. At the other extreme, a sophisticated businessperson may urge… Read More »
Categories: 2014 September Diversity, Articles, Could This Happen to You?, Inadequate Investigation, Real EstateRecoveries and repairs: 2013 review
LAWPRO staff actively pursue recovery costs throughout the year. In some cases, a party other than the insured is found liable for all or part of a loss that is the subject of a claim. We take all reasonable steps to obtain reimbursement from these parties, no matter the amount, because the recovery of these… Read More »
Categories: 2014 June - Year in Review 2013, Admin dismissals/Rule 48, Articles, Casebook, Civil Litigation, Family, Limitation Periods, Year in ReviewInformed, documented plea instructions protect you from claims
Though the rate of malpractice claims flowing from criminal cases is lower than in other areas of law, the number of claims in this area is on the rise, and for many of the same reasons we see in other areas. The most frequent cause? Issues with lawyer-client communication. An area of particular vulnerability to… Read More »
Categories: Areas of Law, Articles, Communications Errors, Content Type, Criminal Law, Inadequate Investigation, Malpractice ErrorsClear communication your best defence against allegations of ineffective assistance of counsel
A substantial proportion of professional liability claims against criminal defence counsel are based on allegations of “ineffective assistance”. The jurisprudence makes it clear that poor lawyer-client communication is at the root of many of these claims. Allegations of ineffective assistance are usually first tested in the context of the appeal of a conviction. Few of… Read More »
Categories: Areas of Law, Articles, Communications Errors, Content Type, Criminal Law, Dabbling, Failure to Know The LawCan a criminal conviction make your client inadmissible for residency/citizenship?
Where a client charged with a serious crime is a non-citizen of Canada and is hoping to obtain resident status, criminal lawyers should be aware that recent changes to the Immigration and Refugee Protection Act (IRPA) raise special plea and sentencing considerations. The Faster Removal of Foreign Criminals Act On June 19, 2013, amendments to… Read More »
Categories: Areas of Law, Articles, Communications Errors, Content Type, Criminal Law, Failure to Know The LawResolve 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 & EstatesConsider 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 & Estates