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Issue 50 | March 2018

LIANSWERS

This newsletter includes information to help lawyers reduce the likelihood of being sued for malpractice. The material presented is not intended to establish, report, or create the standard of care for lawyers. The articles do not represent a complete analysis of the topics presented, and readers should conduct their own appropriate legal research.
Beat the clock: Condition 4.3 of the policy requires timely notice

On a few recently reported claims, there has been a substantial delay between the date the lawyer became aware of the alleged error and the date the claim was reported.

Reporting claims or potential claims in a timely manner is a condition of policy coverage ...

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Advising the advisee: the pitfalls of ILA

Though the nature and value of the transaction will vary, there is a common perception that Independent Legal Advice (ILA) should be a quick exercise for a modest fee.

From your professional liability insurer’s perspective, such a perception is misguided ...

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Consult and connect through LIANS' practice forums

LIANS' online forums “Small Talk, “The Family Room” and “Real Estate Assistants Forum” allow solo and small firm lawyers, family law lawyers, and real estate assistants to connect and share information.

Practitioners in these areas are able to chat in a secure social network system ...

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Two-year Limitations of Actions Act in effect

We remind you that, effective September 1, 2015, the Limitations of Actions Act (LAA) created a limitation period of two (2) years for most claims. The transition period ended on September 1, 2017, meaning that many claims that arose over two years ago have expired. If your client has a claim that arose less than two years ago, and a proceeding has not yet been commenced, confirm the applicable limitation period and ensure that your client is advised to commence their action within that period ...

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You get what you pay for: the risks of free Wi-Fi

Free Wi-Fi hot spots are open networks, so any and all data through those networks is vulnerable, and can be compromised. It is no different from someone standing outside an office door listening to the occupants, or someone going through paper garbage bins after office hours.

You can reduce risk of data being captured by a third party ...

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LGBTQ+ mental health

For those who identify as lesbian, gay, bisexual, trans, two-spirit or queer (LGBTQ+), the range of experiences with mental health and well-being are as diverse as those found within the general Canadian population. But the effects of intolerance and discrimination can create higher risks for mental health disorders among members of these communities.

Learn how to create a positive and supportive workplace for LGBTQ+ employees, with external support resources ...

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Trace your steps: Dating your notes to file

Preparing notes to file regarding your conversations with your clients or others can be extremely important in defending a potential claim against you. However, be sure to take a moment to put the date on your note.

Notes in a file without a date lose a lot of their value if we have to establish when you advised the client of a particular issue ...

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Lost and found: Search for text in multiple PDFs

While searching for text among multiple Word documents is achieved automatically through the Windows search feature, the text inside a PDF is not indexed by most search programs, causing many users to believe that they must open each PDF individually to search for text.

Don’t fret – there is an easy way to search multiple PDF files using advanced PDF search features in Adobe Reader ...

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Subscribe to CanLII for automatic legislation and decision updates

CanLII (an open access database for Canadian legislation and case law) offers a comprehensive list of RSS feeds for decisions and legislation from federal and provincial courts and tribunals.

Here's how to receive automatic updates ...

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Build your network with LIANS' Mentorship program

Looking for opportunities to network, gain knowledge about practice management issues, and receive support from the Risk and Practice Management program? Consider becoming a Mentor or Mentee!

The Mentorship Program offers the following advantages and opportunities ...

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