CANADIAN LAWYERS INSURANCE ASSOCIATION
  • Home
  • About
    • Overview
    • Committees
    • Partners
  • Buy Excess Insurance
  • Publications
    • Safe and Effective Practice HandBook
    • EBYTES
    • Loss Prevention
  • Events
  • Contact Us
  • Online Services
  • Accueil
  • À propos de nous
    • Vue D'ensemble
    • Comités
    • Partenaires
  • Acheter d’assurance complémentaire
  • Publications
    • Manuel de pratique sécurisé et efficace
    • EBYTES
    • Prévention Des Pertes
  • Événements
  • Nous contacter
  • Services en ligne

Ebytes

Do Unto Others…  |  July 2011

25/7/2011

 
We know that when clients complain to law societies about lawyer conduct, those same clients are also likely to consider suing their lawyers, so paying attention to the kinds of issues that lead to client complaints is a good loss prevention tool. The recent blog post, Rude e-mails leading to complaints against lawyers by Jean Sorensen, posted July 13, 2001 on Legal Feeds Blog, outlines some of the common issues that arise when lawyers fail to use courtesy in their communications. The post also refers to a new service from the Law Society of British Columbia providing alerts to lawyers on issues that can lead to professional discipline. The takeaway from the first alert issued is this: You are unlikely to offend if you treat others as you would like them to treat you.

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.

Standard of Care in Collaborative Family Law  |  July 2011

19/7/2011

 
In Webb v. Birkett, 2011 ABCA 13, a client sued her lawyer in negligence, alleging a failure to “…provide her with proper and complete legal advice, with the result that she entered into an improvident matrimonial property settlement and waived her entitlement to spousal support.” The Alberta Court of Appeal decision confirms that no different standard of care applies to lawyers operating under a collaborative family law model. The Court sets out (at paragraphs 54-55) the standard required and concludes that:  ​
When the dust settles, and each of the parties moves on to live with the results of the settlement negotiated, hindsight can foster the stress and dissatisfaction the collaborative family law process aims to avoid, just as it did here. The parties are required to live with that dissatisfaction only where they had full information available to them – either as to their legal entitlements when they made a decision to take less or different benefits than those to which they were entitled, or, if they decided to waive receipt of full information, a full explanation of the risks and losses attendant upon so doing.  ​

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.

    Archives

    2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    2015
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    2014
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014
    June 2014
    May 2014
    April 2014
    March 2014
    February 2014
    January 2014
    2013
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    July 2013
    June 2013
    May 2013
    April 2013
    March 2013
    January 2013
    2012
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012
    May 2012
    April 2012
    February 2012
    January 2012
    2011
    December 2011
    November 2011
    October 2011
    September 2011
    August 2011
    July 2011
    June 2011
    May 2011
    April 2011
    March 2011
    February 2011
    January 2011
    2010
    December 2010
    November 2010
    October 2010
    September 2010
    August 2010
    July 2010
    June 2010
    May 2010
    March 2010
    February 2010
    January 2010
    2009
    December 2009
    November 2009
    October 2009
    August 2009
    July 2009
    June 2009
    May 2009
    March 2009
    February 2009
    January 2009
    2008
    December 2008

    Categories

    All
    Ebytes

    RSS Feed

Privacy Policy  
Copyright © 2021 Canadian Lawyers Insurance Association. All rights reserved.
  • Home
  • About
    • Overview
    • Committees
    • Partners
  • Buy Excess Insurance
  • Publications
    • Safe and Effective Practice HandBook
    • EBYTES
    • Loss Prevention
  • Events
  • Contact Us
  • Online Services
  • Accueil
  • À propos de nous
    • Vue D'ensemble
    • Comités
    • Partenaires
  • Acheter d’assurance complémentaire
  • Publications
    • Manuel de pratique sécurisé et efficace
    • EBYTES
    • Prévention Des Pertes
  • Événements
  • Nous contacter
  • Services en ligne