Malpractice Errors
Avoiding the unintentional expansion of retainers
Here’s the scenario: A lawyer is retained to assist a client with a tort claim and an accident benefits claim. The client, meanwhile, has been informed that the long-term disability (LTD) benefits provided by her employer’s group plan are about to be terminated. In an effort to forestall the termination of benefits, she asks the… Read More »
Categories: 2013 May - Year in Review 2012, Articles, Communications Errors, Practice TipsNew Year’s resolutions for a healthier law practice and a new you
The start of a new year is a time for self-reflection and self-improvement. Many of you will think about making changes in your personal and work lives. But while you all have good intentions, it can be difficult to break old habits, especially when you are running hard on the treadmill of a busy life… Read More »
Categories: 2012 December Resolutions, Articles, Civil Litigation, Corporate Law, Criminal Law, Family, Features, Finances, Legal Technology, Marketing, Practice Tips, Real Estate, Time Management, Wellness, Wills & EstatesDon’t be trapped by old habits of thought – The limitation period for equitable claims is now two years
It is difficult to let go of fundamental principles. Many generations of Ontario lawyers were taught that equitable claims are not subject to any limitation period. These lawyers were correct, until the Limitations Act, 2002 came into force. Limitation periods are creatures of statute. The Limitations Act, R.S.O 1990, c.L.15 and its predecessors had no… Read More »
Categories: 2012 December Resolutions, Articles, Casebook, Civil Litigation, Limitation Periods, Time ManagementAvoiding 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 TipsInadequate 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 TipsAvoiding claims while serving clients on a budget
In today’s difficult economic environment, it’s not unusual for lawyers to find themselves dealing with requests for representation from clients of limited means, or clients who want to keep their legal fees at a minimum. The economic issues these types of requests raise is but one consideration: Access to justice – which has become a… Read More »
Categories: 2012 August Checklists, Access to Justice, Articles, Communications Errors, Limited scope retainer/unbundling, Practice TipsLessons learned: The Limitations Act, 2002
Recent case law applying the Limitations Act, 2002 contains essential lessons and warnings for the profession. This article is a summary of these matters and what they mean for the practising bar. It really is a catch-all statute… Don’t forget that subject to certain expressly stated exceptions, the Limitations Act, 2002 is a broadly worded,… Read More »
Categories: 2012 August Checklists, Articles, Casebook, Civil Litigation, Limitation Periods, Time ManagementReal estate lawyers: The buck stops with you
LAWPRO is seeing far too many real estate claims where the lawyers handling the deals are making or not catching fairly basic errors. Often these mistakes result from errors made by clerks – all or most of which the lawyer could’ve and should’ve caught. Common mistakes include: Not catching errors in legal descriptions Missing executions… Read More »
Categories: 2012 May/June - Year in Review 2011, Clerical / Delegation, Practice Tips, Real EstateA checklist for avoiding conflicts on lateral lawyer transfers
Lateral hiring of partners or associates occurs at firms of every size, and is becoming far more common. In addition to reviewing the transferring lawyer’s credentials and suitability, the transferring lawyer and firm will need to identify and deal with potential conflicts of interest that may arise with respect to clients at the transferring lawyer’s… Read More »
Categories: 2012 January Employment, Articles, Conflicts of Interest, Practice Tips