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Archive for ‘Reading: Recommended’

Reduce Communication-Related Claims by Understanding Cognitive Bias

This article is by Ian Hu, claims prevention and practicePRO counsel at LAWPRO.

Understanding cognitive biases can help reduce communication-related claims, which are the biggest source of malpractice claims. While many cognitive biases are dealt with by following some common sense principles, others are not as obvious. From anchoring effect to decision fatigue, knowing how your client makes decisions can help you build rapport with your clients, effectively give recommendations, and help ensure you and your client are on the same page.

1. Let your clients make a good decision –decision fatigue

Decision fatigue has perhaps the highest profile of . . . [more]

Posted in: Practice of Law, Reading: Recommended

Reduce the Distraction From the ‘Casino in Your Pocket’

This article is by Tim Lemieux, Claims Prevention & Stakeholder Relations Coordinator at LAWPRO.

In the early days of email, one of the common bits of productivity advice was “turn off your inbox notifications.” The “You’ve Got Mail” sound or pop-up was a constant source of distraction while trying to get work done. Even with the advent of smartphones that advice was still mostly good enough. The phone meant you could check email everywhere you went, but the distraction was still limited to emails and texts from friends and clients. Jump forward to 2017, and we’re all carrying around what . . . [more]

Posted in: Reading: Recommended, Technology: Internet

Dropping the Ball on a File Transfer: Rule 48 Dangers for Ontario Lawyers

This post is by Ian Hu, claims prevention & praticePRO counsel at LAWPRO.

When a file is transferred from one lawyer to another, one danger is when nothing happens on the file due to a clumsy transfer or missing critical information. A new file that has not been looked at can be a ticking time bomb. Deadlines like limitation periods can pass by unnoticed, and Rule 48 administrative dismissal dates can be discovered too late. The resulting malpractice claim can have lawyers pointing fingers at each other. Consider the following tips whether you’re transferring a file or on the receiving . . . [more]

Posted in: Reading: Recommended, Substantive Law

What Do Title Insurers Expect From Lawyers?

Still relatively new in Canada, title insurance is not fully understood by many consumers. Even certain less-sophisticated lenders lack detailed knowledge of the product. The responsibility for explaining title insurance to those who purchase it – and for supporting insureds in obtaining coverage that suits their needs – falls squarely on lawyers’ shoulders.

Lawyers are also responsible for communicating accurately with the proposed insurer about the details of a real estate transaction, the property to be purchased, and the expectations and needs of the purchaser and lender.

At the Law Society of Upper Canada’s recent Real Estate Summit, LAWPRO’s Vice . . . [more]

Posted in: Reading: Recommended

Win Clients With This Simple Question

This post is by Ian Hu, claims prevention and practicePRO Counsel at LAWPRO.

I vividly remember losing one of my first potential clients. He was shopping for lawyers and had whittled his list down to three or four. I had dealt with legal issues exactly like his before and resolved them successfully. I felt I knew the law as well as anyone. I would help him and impress him with my knowledge and experience. I put on my best suit and tie. As I walked down to meet him I figured I had the advantage.

During the meeting I gushed . . . [more]

Posted in: Reading: Recommended

Corporate/commercial Malpractice Claims Fact Sheet

With such a large amount of claims prevention information available in LAWPRO Magazine articles and practicePRO resources, we had the idea to create simple fact sheets that CPD providers and others could use in developing their program material for specific areas of law. The latest in our series of “malpractice claims fact sheets” covers corporate/commercial law.

The fact sheets include quick claims facts, the main causes of claims against lawyers, hot topics in the particular areas of law, tips for avoiding claims and links to practicePRO resources. The sheets can also be used as program inserts in their own right. . . . [more]

Posted in: Reading: Recommended

Book Review: The Future of the Professions by Richard Susskind

For more than 30 years Richard Susskind has been a thought leader on the future of the legal profession.

This is despite the Law Society of England and Wales saying he did not understand confidentiality and was bringing the legal profession into disrepute by suggesting that email would become the predominant way lawyers and their clients would communicate in his 1996 book, The Future of Law.

Susskind’s most recent book, The Future of the Professions: How technology will transform the work of human experts, is a must read for anyone who wants to gain insights into where . . . [more]

Posted in: Reading: Recommended

New Legal Trends Report Provides Data Insights for Small- to Medium-Sized Law Firms

In the 4,000-year history of the legal profession, unbiased information sharing has never been the norm. Instead, insights have remained siloed in large institutions—or traded anecdotally among groups at networking events.

That changes with today’s release of the Legal Trends Report. The Legal Trends Report is being published by Clio, the world’s most widely-used legal practice management platform (disclosure: I am the founder and CEO of Clio). By leveraging anonymized, aggregate data from 40,000 active Clio users and over $60 billion in billing volume, the Legal Trends Report provides new insights into topics including average billing rates by state, . . . [more]

Posted in: Education & Training: Law Schools, Legal Information, Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management, Reading: Recommended, Technology, Technology: Internet

[Book Review] Visualizing Law in the Age of the Digital Baroque: Arabesques and Entanglements

Visualizing Law in the Age of the Digital Baroque: Arabesques and Entanglements. By Richard K. Sherwin. New York, N.Y. : Routledge, 2011. 256 p. ISBN: 978-0-415-61293-7 (Paperback) $42.95.

“We love the image and we hate it. We crave its enhancement and fear its deceit.” (p. 31)

Everywhere we look these days we are confronted with a continuous cascade of images. These visual expressions are often trying to persuade us to purchase some product, support a cause, or alert us to an upcoming event. We regularly see actual and simulated representations and are prepared to accept what we see as . . . [more]

Posted in: Reading: Recommended

Cross Border Selection of Lawyers – Issues to Consider

When you shop for a contractor for a home renovation, you are often reminded about the need to ensure your contractor has third party liability insurance and workers’ compensation insurance – just in case.

Do you ask that same question when you shop for a lawyer outside of Canada? Do you remember to ask if the foreign lawyer carries professional liability insurance? And do you know what his/her coverage is? Imagine this. A 40-year-old client’s husband dies in a plane crash in the United States, the result of alleged negligence by air traffic controllers who fail to identify a storm . . . [more]

Posted in: Reading: Recommended

Diversify Without Dabbling: Before Expanding Your Practice, Expand Your Competence

This article is by Nora Rock, corporate writer & policy analyst at LAWPRO.

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 it to make it” in an unfamiliar area of law is unfair to the client, dangerous to the lawyer’s reputation, and risks a potential legal malpractice claim.

In a challenging economy, many . . . [more]

Posted in: Practice of Law, Reading: Recommended

Feeling Emotional? Don’t Hit Send!

This article is by Ian Hu, claims prevention & praticePRO counsel at LAWPRO.

It’s 11pm and your phone beeps. Against your better judgment you pick it up and see it’s a client email. Soon you’re sucked into a missive about the latest calamity in your client’s life, the client’s anxiety about the case, and what you will do about everything. You sense your own anger and frustration rise as you think about how to respond.

It is tempting and easy to hit the send button and fire off an emotional email in the heat of the moment. Taken over by . . . [more]

Posted in: Reading: Recommended