Malpractice Errors
Responsible delegation: Annual corporate filings and updates
Responsible and efficient delegation is an important skill for any lawyer. But there are limits as to when and how certain tasks can be delegated to non-lawyers. Recently, LAWPRO has seen situations where corporate filings are handled by administrative staff such as clerks, without specific authorization or review from a supervising lawyer. This sometimes includes… Read More »
Categories: Clerical / Delegation, Corporate Law, WebzineOntario’s New Construction Act Arrives on July 1, 2018: Don’t get Caught by the Transition Rules
[This article was edited on June 7, 2018] The Construction Lien Act amendments will begin to take effect July 1, 2018. Hailing big changes to timelines, procedures and the manner in which many disputes will be resolved, the new legislation includes a gradual transition to help you avoid a misapplication of the new provisions. Among… Read More »
Categories: Articles, Construction, Limitation Periods, Practice TipsReview Your Files – The Ultimate Limitation Period is Arriving Soon
It’s here – a 15-year ultimate limitation period for claims governed by the Limitations Act 2002. As of January 3, 2019¹, actions arising from acts or omissions that occurred prior to January 1, 2004, are statute barred by virtue of s. 15 of the Limitations Act, 2002, even if these errors were not discoverable before… Read More »
Categories: Civil Litigation, Limitation Periods, WebzinePaying attention to the fraud behind the curtain: Don’t get fooled by spoofed email addresses
We have written previously about the dangers associated with email spoofing and phishing schemes, where fraudsters will send fabricated emails purporting to be from a trusted colleague or third party in an effort to trick a lawyer or staff member into clicking on a dangerous link or downloading a dangerous attachment. These fraudulent schemes continue… Read More »
Categories: Cyber dangers, Fraud, WebzineEverything old is new again: Will the return of a broader rent control regime haunt the Ontario real estate bar?
For decades the existence of rent control has posed a risk to Ontario real estate lawyers acting on the purchase and mortgaging of residential rental property. The range of affected properties is immense: From a basement apartment to a rented single family house to the largest multi-residential complexes in the province, many real estate files… Read More »
Categories: 2018 May Year in Review 2017, Areas of Law, Articles, Content Type, Failure to Know The Law, Inadequate Investigation, Malpractice Errors, Real EstateRule 48: Set your matter down for trial
Under Rule 48, registrars will dismiss five-year-old actions that have not been set down for trial without notice. The best strategy to pre-empt last minute catastrophes is to move files along in a timely manner and to set the matter down well within the five-year time limit. The longer a file drags on, the more… Read More »
Categories: Admin dismissals/Rule 48, Areas of Law, Civil Litigation, Malpractice Errors, TopicsGetting that matter out of the “ugh” pile: Four strategies
All matters are not created equal. Some are a challenge and if we’re lucky, some are a true pleasure. A few, however, make us go “ugh.” What happens to those matters? Many of them die a natural death, whether as deserving losses or, as in personal injury files, because a plaintiff’s health has recovered. But… Read More »
Categories: Malpractice Errors, Time ManagementAfter the event (ATE) insurance: what you need to know
After the event (ATE) insurance (a type of legal expense insurance) can help lessen the financial blow of a lost case for both the client and lawyer. Generally, the insurer will pay some amount of costs, fees, and/or disbursements if the client is unsuccessful. It is important to understand the specific policies and contracts involved… Read More »
Categories: Areas of Law, Civil Litigation, Communications Errors, Conflicts of Interest, Malpractice Errors, TopicsCommon practice pitfalls and how to avoid them (2018 edition)
Lawyers’ Professional Indemnity Company (LAWPRO) was created to insure lawyers against legal malpractice claims. Most (though not all) claims are brought by a lawyer’s own client and include an allegation that the lawyer made a mistake or did not meet the standard of care expected of him or her when delivering legal services. No lawyer… Read More »
Categories: 2018 Student Issue 6, Alerts, Communications Errors, Content Type, Inadequate Investigation, LAWPRO Magazine, LAWPRO Magazine Article Type, Malpractice Errors, Student, Time ManagementEnding well means starting right: The family law intake process
The most critical step in any family law case is when clients meet with prospective counsel. That meeting establishes the nature of the relationship, a preliminary game-plan, and each party’s expectations of the other. Most clients approach that inaugural meeting with considerable anxiety. Most have never dealt with a lawyer, and certainly not with respect… Read More »
Categories: 2018 February Top Legal Disruptions, Areas of Law, Articles, Communications Errors, Content Type, Family, Inadequate Investigation, LAWPRO Magazine, LAWPRO Magazine Article Type, Malpractice Errors, Practice Tips, Retainers, Topics