 Do you know where the greatest risks of a malpractice claim come from? More importantly—did you know there are simple steps you can take to reduce the risk of a claim being made against you?
The July/August issue of Law Practice Magazine is devoted to helping you avoid the dreaded allegation of legal malpractice, as well as other dangers to your law practice.
LAWPRO’s claims statistics indicate that four out of five lawyers will face at least one claim during the course of their careers. So the odds are you have already experienced a claim or two—and if not, you likely will. Let’s call this the bad news. What’s the good news? Many claims are preventable. The surprise for most lawyers—and the key take-away—is that failures to know or apply substantive law do not cause the majority of malpractice claims. The other significant causes of claims are task and deadline management errors, lawyer-client communications issues and conflicts of interest. I review the common errors in our cover story, and explain how improving basic law practice management skills can reduce your risk of a claim. The Web Extra has details of The Most Common Legal Malpractice Claims by Type of Alleged Error for US and Canadian claims.
Conflicts expert William Freivogel brings us up to date on conflicts risks, and Malcolm Mercer walks through the steps law firms can take to implement risk management strategies. Chris Stiegemeyer explains what underwriters look for (and don’t want to see) when reviewing malpractice insurance applications—and he has tips to help lower your premium.
In terms of unpleasant things, difficult clients probably rank slightly behind a malpractice claim for most lawyers. Justice Carole Curtis, who practiced family law for 30 years, discusses how to protect your practice and sanity when dealing with different types of difficult clients, while Sheila Blackford describes how to recognize them. A note of thanks to Sheila for her assistance in putting this issue together as well.
To reduce exposure to other risks, be sure to read Jim Calloway’s tips for recognizing bad cheque scams, along with David Ries’s explanation of new and expanding obligations to protect confidential client data. With all the foolishness happening on the Web, the issue would be incomplete without a discussion of online dangers. Michael Downey guides us through the online trouble spots, with invaluable advice on avoiding liability. It can be a dangerous world out there.
It was great to have the opportunity to spread the claims prevention gospel to Law Practice readers – and to share it further with SLAW readers – and I hope this issue of Law Practice helps you stay out of trouble.
Cross posted on Avoid A Claim
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There is good leagal content that doesn’t necessarily come in the neat packages that we usually look in. Though our commercial legal database subscriptions have linked, vetted, edited, and easily. […] »»Research When you need to collaborate on a document displayed on your screen, it’s great to have a colleague from down the hall come into your office and look over your … »»Technology You should assess whether you can accept the financial risks associated with taking the matter, just as clients will assess whether they can (and will) pay your fee. Spend time at the beginning of the. […] »»Practice
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Available online today are four new chapters of the publication Women in Canada: A Gender-based Statistical Report, which explores the socio-demographic and economic circumstances of Canadian women in general.
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The bill amends the Constitution Act, 1867 by readjusting the number of members and the representation of the provinces in the House of Commons.
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Blueseed plans to buy a ship and turn it into a floating incubator anchored in international waters off the coast of California.
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Under Prime Minister Stephen Harper, the flow of information out of Ottawa has slowed to a trickle.
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"…the IPC has exclusive jurisdiction to decide whether a record is in the custody or control of a university in the context of an access request…"
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John J.L. Hunter, Q.C. of Vancouver has been elected President for 2011-2012
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Detailed results from 321 members.
These summaries of selected recent cases are provided each week to Slaw by Maritime Law Book.
More information.
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Banks and Banking - Liability of banks to third parties - Negligence - General
The plaintiffs were the former shareholders of a company that failed. They sued the defendant bank alleging that it breached its contract with the company and the plaintiffs and breached a duty ...
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Actions - Cause of action - General principles - New or extended cause of action - Opening of floodgates
The plaintiff and defendant worked at different branches of the same bank. The defendant’s common-law husband was the plaintiff’s ex-husband. Over a four year period, the defendant ...
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Aliens - Definitions and general principles - Immigration consultants
The Canadian Society of Immigration Consultants (CSIC) had been designated as the sole regulatory body of immigration consultants in Canada from 2004 until June 2011. On June 30, 2011, Bill C-35 came into force, which significantly amended ...
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Criminal Law - Sexual offences, public morals and disorderly conduct - Public morals - Obscenity - Possession of child pornography
The accused was convicted of making child pornography available and two counts of possession of child pornography (see [2010] Sask.R. Uned. 197). Subsequently, he was sentenced ...
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Criminal Law - Procedure - Charge or directions - Jury or judge alone - Directions regarding pleas or evidence of witnesses, co-accused and accomplices
Rowe was convicted by a jury of five offences. He appealed.
The Ontario Court of Appeal allowed ...
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Narcotic Control - Offences - Possession - General
The accused wished to access marijuana for medicinal purposes but did not have an authorization to possess marijuana issued under the Marihuana Medical Access Regulations. He was notified that a package of marihuana addressed to him had been ...
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Narcotic Control - General - Legislation - Exemptions - Medicinal marijuana
McCrady, who had an application pending under the Marihuana Medical Access Regulations (MMAR) to possess and grow marijuana, was convicted of possession of marijuana (Controlled Drugs and Substances Act (CDSA), s. 4(1)). Hearn pleaded guilty ...
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Criminal Law - Sentence - Trafficking in hashish or marijuana (incl. possession for purposes of trafficking)
The accused pleaded guilty to one count of possession of marijuana for the purpose of trafficking. He was sentenced to 30 days’ imprisonment to be served intermittently and 11 months’ ...
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Municipal Law - Powers of municipalities - Particular powers - Imposition and collection of taxes or fees
Catalyst Paper Corp. operated a paper mill in the District of North Cowichan. Catalyst objected to the tax rate that it paid compared to residential ratepayers. In 2009, the ...
This is a listing of a few upcoming events in Canada of interest to lawyers, law students, legal librarians, and others involved in the practice of law.
Clicking on any event in the list below will give you access to more information and to links allowing you to see the full entry and to add the event to your own calendar.
Click this link for a fuller version of the TalkLaw/ParLoi calendar of events and for instructions as to how to add events and calendars to your own calendar.
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