Tagged professional liability

Buttonholed by a family member?

“In times when access to justice is ever precious, isn’t it great to have a lawyer in the family?” In the May Canadian Lawyer, the Accidental Mentor helps you navigate dealing with the clients you can’t completely fire. ~   ~   ~ “Maintenant que l’accès à la justice soit si précieux, n’est-il pas terrible que notr’ cousin(e) est avocat(e)?” Dans ma colonne de mai dans Canadian Lawyer, vous trouverez des conseils au sujet de l’interaction avec les clients que vous ne pourriez vraiment pas virer. Terms of use / Mentions légales

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.

No ‘unbundling’ of negligence

The hitherto unrepresented litigant has made an appointment to see you. (la version française suit) Under his arm, he clutches a big stack of papers, out of which he hands you a motion record for summary judgment delivered at his post office box.  The hearing is scheduled for the day after tomorrow, and he presents you with a cheque for $5,000.  You will obtain an adjournment of the motion and eventually you will employ your skills as a lawyer and persuade the court there are reasons why the matter needs to proceed to trial.  When you have achieved this victory…