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December 9, 2009

Dan Pinnington

The Apology Act, 2009: Sorry Is No Longer the Hardest Word to Say

While we have been receiving great feedback on the various articles on social media in the latest issue of LawPRO Magazine, the surprise front-runner for most popular article in this issue has had over 300 downloads in the first four days – Yvonne Diedrick's article on the Apology Act, 2009. Perhaps not a real surprise as many Ontario lawyers I have talked to are not familiar with this new legislation.

The Apology Act came into force in Ontario on April 23, 2009. It allows the communication of expressions of sorrow or regret without worrying that the comments can later be used adversely in a civil court.

Many lawyers, and especially litigators, are likely not inclined to think of an apology as a method of dispute resolution. However, experience in other jurisdictions has shown that an apology can go a long way towards resolving a dispute. Ontario was the fourth Canadian jurisdiction to enact apology legislation, following British Columbia, Saskatchewan and Manitoba. More than 30 states in the U.S. have similar legislation in place.

Read this LAWPRO webzine article to understand the circumstances in which you can make an apology and those in which you should not — there are a number of exceptions under the Act.

Note that LAWPRO’s policy of insurance does not specifically prohibit apologies or expressions of sympathy or regret. It does, however, provide that an insured shall not voluntarily assume any liability. The Act assists lawyers in dealing with this issue and makes it easier for lawyers to apologize to their clients. We encourage you to explore this option in consultation with LAWPRO. Ultimately the legislation should help lawyers achieve the same goal as health care professionals hope to achieve of enhanced accountability and open communication between the lawyer and the client. It may even help you AvoidAClaim.

Cross-posted at Avoid A Claim

Dan Pinnington is a technology evangelist and is well known for his “tech tips”. As the Director, practicePRO at the Lawyers’ Professional Indemnity Company (LAWPRO), Dan helps lawyers avoid malpractice claims. His vision, energy and ideas have made practicePRO an internationally recognized claims prevention initiative. He is a prolific writer, speaker and blogger on legal malpractice, risk management, legal technology, and law practice management issues. He is a veteran of hundreds of presentations at law firms and conferences all over North America and has chaired more than a dozen major conferences. Dan was inducted as a Fellow of the College of Law Practice Management in 2007. The American Bar Association just published The Busy Lawyer’s Guide To Success: Tips to Power Your Practice, a book he co-authored with Reid Trautz. He is currently Editor-in-Chief of the ABA LPM’s Law Practice magazine, was Chair of ABA TECHSHOW 2007 and helped launch the Law Practice Today Webzine.
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3 Comments on “The Apology Act, 2009: Sorry Is No Longer the Hardest Word to Say”

  1. Shaunna Mireau says:
    December 9, 2009 at 3:45 pm

    I was one of the readers of the Apology Act article. I was somewhat disappointed when I read:

    Ontario is the fourth Canadian province to enact apology legislation. British
    Columbia, Saskatchewan and Manitoba are the others.

    as Alberta also has apology legislation. Our legislation was amended in 2008 with the addition of
    Alberta Evidence Act, RSA 2000, c.A-18, s.26.1. This section, while not an entire apology act, has the same effect as the other provinces with this type of legislation.

  2. Omar Ha-Redeye says:
    December 9, 2009 at 3:56 pm

    See also:

    H&K’s Boyd Neil and Jane Shapiro @WCDM
    New Proposed Apology Legislation in Ontario
    Ontario to Consider Apology Law

  3. David Cheifetz says:
    December 9, 2009 at 6:13 pm

    Form over substance is so compelling, isn't it?

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