Tagged lawyer negligence

Lawyers and their telephones

You can distinguish generations of lawyers from their relationship with the telephone. (le sommaire français suit) I’m not talking about “recreational” use.  That phone-hugging lout, weaving back and forth in front of you through the breakfast cereals aisle at the supermarket, has shortened your life by the time you had to listen to him.  Sadly, public places have become mental extensions of people’s living rooms.  Compared to its omnipresence in the world outside, the decline of telephony in the law office is more subtle and more important to your career. The desktop telephone reached its apogee as professional tool  in…

Unbundling the civil litigation retainer

“A significant proportion of middle-income Ontarians can afford to pay for some legal services.  Developing innovative programs to harness this market, whether through unbundling, legal expense insurance, or other forms of subsidized legal services, would represent an important step forward.” — Report of the Ontario Civil legal Needs Project, 2010, p. 56 (la version française suit) Uncharted territory, albeit well-trodden What is your experience so far with limited scope retainers, otherwise known as “unbundling”?  At the moment, Ontario lawyers appear to be slow adopters of this mode of legal service delivery, at least with that label.  Fingers crossed, no one has…

Solving the conundrum of the Canadian tripartite retainer

(le sommaire français suit) Discussion of the 2000 Court of Appeal for Ontario decision, Fellowes McNeil v. Kansa, in my recent article, “No Unbundling of Negligence,” has tapped into a continuing discussion of the precise ethical obligations of lawyers and law firms retained by liability insurers to defend parties in lawsuits, and who “stumble upon” information that may jeopardize the coverage and the insurer’s provision of a defence.  The Supreme Court did grant leave to appeal, but the case was settled before Canada’s top court could hear it.  Eleven years later, you’ll hear it here first, folks: Fellowes was wrongly decided.