Malpractice Errors
Unbundled legal services: Pitfalls to avoid
At its September 2011 meeting, Convocation approved amendments to the Rules of Professional Conduct to give guidance to lawyers who provide legal services under limited scope retainers, also called “unbundled” legal services. LawPRO is concerned that the more widespread provision of unbundled legal services in Ontario will increase malpractice claims. this article will help you… Read More »
Categories: 2012 January Employment, Articles, Communications Errors, Limited scope retainer/unbundling, Practice TipsIs anyone listening? Preventing communications claims
It’s easy to prevent communications breakdowns: So why is this consistently the #1 source of claims for LAWPRO? No matter what the area of practice, the number one source of claims at LAWPRO is a breakdown in communication between the lawyer and client. And those numbers are increasing. Between 2005 and 2010, more than 4,200… Read More »
Categories: 2011 Fall Communications, Articles, Civil Litigation, Communications Errors, Corporate Law, Family, Features, Inadequate Investigation, Real Estate, Wills & EstatesLet’s get talking – A look at communications breakdowns
Humans communicate from the time they are infants until the day they die. At its heart, communication is all about the same thing – whether we speak, write, gesture, sign, listen, or tweet. It’s a way of telling someone something. So why, if lawyers have been communicating for as long as they have, are the… Read More »
Categories: 2011 Fall Communications, Articles, Communications Errors, Features, Practice TipsCasebook: Communication is a two-way street
Some solicitors may think that the responsibility for maintaining appropriate solicitor/client communications lies solely with them. It is true that solicitors who fail to adequately communicate with their clients risk losing those clients – or even facing a malpractice claim. But it is also true that clients have reciprocal obligations to disclose relevant facts, to… Read More »
Categories: 2011 Fall Communications, Articles, Casebook, Communications ErrorsBeware the Ides of Rule 48
The following scenario is familiar to all plaintiffs’ counsel. Consider it, for example, in the context of a slip and fall claim. Upon being retained and after having reviewed the relevant factual background, counsel chooses, wisely, to explore the prospect of resolving the claim without the need for formal proceedings. The liability insurer is like-minded… Read More »
Categories: 2011 Fall Communications, Admin dismissals/Rule 48, Articles, Civil Litigation, Limitation Periods, Practice TipsSix technology tools for improving client communication
Technology is becoming an ever greater part of our lives, both personally and professionally. On a daily basis most of us use a cellphone or smartphone, a desktop computer and the Internet. Many of us will have an iPad or other tablet device and be posting updates on Facebook, Twitter or other social media tools…. Read More »
Categories: 2011 Fall Communications, Articles, Communications Errors, Legal Technology, Tech TipsBook review: Three books to help lawyers communicate better
The practicePRO Lending Library has more than 100 practice management titles available to Ontario lawyers free of charge. below are three books that will be of great help to lawyers looking to improve how they communicate with their clients. For a full list of the books available and details on how to borrow one, visit… Read More »
Categories: 2011 Fall Communications, Articles, Book Review, Communications ErrorsLawyer incivility – The claims consequences
At LAWPRO, we’ve seen a growing proportion of incivility allegations cropping up in claims. For example, lawyers may find themselves personally liable to pay a party’s costs under Rule 57.07 (Rules of Civil Procedure) where the court has found that the lawyer’s actions contributed to running up the bill. Incivility can also lead to other… Read More »
Categories: 2011 Fall Communications, Articles, Communications Errors, FeaturesLawyer incivility: How clients – and the bar- pay the consequences
The perception that the legal profession is becoming less civil has attracted widespread comment – from the judiciary to legal associations to regulatory bodies. The common concern: the potentially damaging consequences of a lack of civility on the individual matter, on the lawyer-client relationship (and on the quality of the service that the lawyer provides… Read More »
Categories: 2011 Fall Communications, Articles, Civil Litigation, Communications Errors, Features