Does a lack of password protection make a cellphone vulnerable to a warrantless search incidental to arrest?  The Ontario Court of Appeal recently said it does in a decision with respect to evidence obtained during a “cursory ” examination of an accused’s cellphone, made without a warrant and incidental to arrest on charges of robbery with a firearm.  For comments on the decision in R. v. Fearon, read:

·       Hung up on when police can search a cellphone by Cristin Schmitz (March 8, 2013 issue of The Lawyers Weekly)

·       Ontario Court of Appeal Permits Warrantless Search of Cellphone Without Password Protection by Michael Geist (February 22, 2013)

·       What the Ontario Court of Appeal Did and Did Not Say in R. v Fearonby Stephen Neil (February 26, 2013 on The Court blog)

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The Legal Ombudsman in the United Kingdom has just issued a report summarizing complaints received in the area of family law in 2011-12.  The report,  The price of separation: Divorce related legal complaints and their causes, is intended to “...explore some of the issues that give rise to the higher levels of dissatisfaction in this area of law and looks at how lawyers and consumers can prevent and respond to these issues.”  Although focused on the U.K., the report has relevance to Canadian lawyers practicing in the area of family law and provides some practical suggestions to reduce the risk that clients will be dissatisfied and complain about the legal services received.

The Canadian Lawyers Insurance Association provides loss prevention information solely for the benefit of CLIA insured lawyers. The content and links provided in Loss Prevention eBytes are intended as resources to qualified lawyers who should exercise due care and their professional judgment in adapting or making use of any content.