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 is immune to a claim; in fact, our records suggest that four out of every five lawyers will be the subject of a claim at one point in their career. Malpractice claims can be stressful, can hurt your reputation, and can be costly (even if . . . [more]

The Law Society of Upper Canada’s Rules of Professional Conduct are necessarily ambiguous on the subject of sex with clients to allow for some flexibility, given the highly subjective nature of these conflicts. Such acts are not specifically prohibited, but are referenced in the commentary at rule 2.04 governing conflict of interest. The rule states that a lawyer shall not continue to represent a client where there is a conflict of interest, unless there is full disclosure and informed consent.

However, the wording of the commentary merely suggests that when a relationship with a client becomes intimate, a member should . . . [more]

For Ontario’s self-governing legal profession, strong rules are a positive step towards public legitimacy, but that legitimacy evaporates if those rules go unenforced. Amidst the debate over whether the Law Society of Upper Canada (LSUC) should continue to govern itself, the LSUC’s duty to protect the public interest requires attention. Law Society of Upper Canada v Hunter, 2007 ONLSHP 27 [Hunter] is pivotal in this conversation because it shows the governing body neglecting its duty to protect the public interest. In Hunter, the panel fails to sufficiently respond to the conflict of interest stemming from Hunter’s . . . [more]

This is an abridged version of the LAWPRO article: “20 tips for a successful transition” – a guide for law students through the transition from student life to legal practice. See practicepro.ca/20tips for the full article.

1. Honestly assess your strengths and preferences to identify what makes sense for you in terms of the type of firm and area of law you want to practice.
2. Consider all the options: big firm, small firm, solo practice, government, in-house. Don’t just pursue the opportunities everyone else is pursuing – reflect on what is the best fit for you.
3. Create and prioritize a list

The current Law Society model for licensing legal professionals in Canada provides all lawyers with a blanket license to practice in any area of law. Virtually every other major profession that exists today employs specialized licensing and certification in order to ensure the competency of its practitioners in an increasingly complex world. The current system used by the legal profession in Canada is outdated and in need of significant reform in order to protect clients and set minimum competency requirements.

The Law Society needs to reform the current licensing model in favor of one where lawyers are required to earn . . . [more]

Professional liability claims can take the wind out of the sails of anyone’s legal career, but can be especially demoralizing for a new lawyer. Your best chance at avoiding claims is to develop great working habits right from the start. The December 2012 issue of LAWPRO Magazine proposed dozens of New Years’ resolutions for lawyers in every area of practice. We’ve reproduced a few excerpts relevant to newly-called lawyers here.

There are resolutions to avoid claims in particular areas of law (litigation, corporate/commercial, real estate, family law, wills/estates and crimina) as well as resolutions to run an efficient and . . . [more]

Introduction

I was once told that the two most important decisions individuals will make in their lifetime are their choices of career and spouse. It has also been said that choice of career is the single most important ethical decision an individual will ever make. After all, becoming a part of a profession entails adhering to certain professional standards and subjecting yourself to certain situations. But regardless of what profession a person chooses to pursue, I argue that one should be able to seek advice from a spouse when facing an ethical dilemma, without being reprimanded.

The Law Society of . . . [more]

One-third of the more than 24,000 lawyers in private practice in Ontario are sole practitioners. as a solo, it’s great to have the freedom that comes with being your own boss, but you also have full responsibility for all aspects of the operation of your law practice. Do you have what it takes to be a sole practitioner? This self-assessment quiz will help answer that question.

The chart helps identify your strengths and weaknesses and gives you a better idea of whether you’re cut out for solo or small firm practice. . . . [more]

The greatest criminal defence attorneys may best protect and serve their clients by taking an offensive approach to mounting a client’s defence. The point at which that intersects with the ethics of the profession is difficult to determine. Comparing the work of defence attorneys to football coaches provides interesting insights into the mechanics of the profession. In defending a client, should a lawyer run a play that strengthens their defensive line or mount an aggressive offence?

Does A Good Defence Start with a Great Coach?

A good lawyer gives advice, but at what point does that advice become training? Ethically, . . . [more]

LAWPRO is pleased to take part in Slaw’s Student Week. We’ve made an effort to reach out to students and new lawyers by creating a student issue of LAWPRO Magazine for the law schools, and this week we’ll post some of the articles from those issues. They contain practice management and risk management content aimed at helping students make the transition to becoming a practicing lawyer and getting their careers off on the right foot.

Law students – like all students – are prone to anxiety about their career prospects. High-profile news about the employment challenges faced by new grads . . . [more]

This year, as we have done for a few years in the past, Slaw will each day in the coming week host a number of student essays written for Professor Adam Dodek’s first year course in Legal Ethics at the University of Ottawa Faculty of Common Law. As Professor Dodek has said here before:

I have found that our students have great perspectives on these issues because they were so recently members of that ridiculous term that only lawyers use: “lay people”. While law school is certainly a socialization process for the legal profession, law students have not been fully