CIAO Risk Management Bellacicco/Pinnington May 23/12 Agenda CANADIAN ITALIAN ADVOCATES ORGANIZATION Continuing Professional Development Program An evening with • • • • Avoiding claims Avoiding bad cheque frauds Administrative dismissals Professionalism, practice and technology tips • Resources • Questions May 23, 2012 Columbus Centre Rotunda Practising Safely: How to Avoid a Malpractice Claim Dan Pinnington, Vice President, Claims Prevention & Stakeholder Relations Lawyers’ Professional Indemnity Company © Lawyers’ Professional Indemnity Company 2012 1 CIAO Risk Management Bellacicco/Pinnington May 23/12 4/5 © Lawyers’ Professional Indemnity Company 2012 2 CIAO Risk Management Bellacicco/Pinnington May 23/12 Claims prevention agenda • LAWPRO policy • General claims statistics • Big firm claims • Tools and strategies to avoid claims • Questions What is LAWPRO? • Full-fledged licensed insurance company • Independent and distinct from LSUC • Governed by Ontario Insurance Act, Ontario Corporations Act, and other applicable legislation • Insure 23,500 Ontario practitioners • Excess and title insurance Details on LAWPRO policy coverage • Standard 2012 base premium $3,350 – Paid by firm • Individual coverage • Provides for indemnity and defense • $1M per claim; $2M in aggregate Mandatory LAWPRO Policy Coverage •Liability insurance for claims arising as a result of an error, omission or negligent act in the performance of, or the failure to perform, Professional Services for others •Full policy at www.lawpro.ca Premiums Match Risk • We operate to be commercially viable • Risk rated program in which the highest risk areas of the bar pay premiums that closely match their claims experience • $65 Real Estate and $50 Civil Litigation transaction levies • Premium reductions for some practice types – Many firm will have excess • Claims made policy © Lawyers’ Professional Indemnity Company 2012 3 CIAO Risk Management Bellacicco/Pinnington Exclusions • Claims: – Arising out of lawyer’s dishonest, fraudulent, criminal or malicious acts – By an employer – Arising out of investment advice, unless the advice is the direct consequence of legal services Insured’s obligations • Promptly report claim or circumstances which might give rise to a claim – Talk to internal claims person – Provide information to LAWPRO • Assist and Co-operate – Do not admit liability or settle except at your own cost Claims management • 2,300 new claims each year • 3,200 open claims files • Gross claims under management $400 million • Average $90 million claims costs per year (on the increase) • Matters are repaired, settled or vigorously defended © Lawyers’ Professional Indemnity Company 2012 May 23/12 Exclusions – cont. – Claims arising out of business ventures or investments not directly related to practice of law – Claims by insured, spouse or partner who has a beneficial ownership of a business – Legal fees or accounts – Most fines or penalties – Punitive or aggravated damages LAWPRO’s obligations • LAWPRO has 2 obligations – Duty to defend – Duty to indemnify • What to expect – Prompt, personal contact from a claims examiner – To be defended by experienced knowledgeable counsel – To be involved and consulted What we are seeing • More claims • More complex claims • Defence costs are increasing • Claims are more costly to resolve 4 CIAO Risk Management Bellacicco/Pinnington May 23/12 General claims statistics • 4 of 5 lawyers will have at least one claim during their career • Claims are reported an average of 2-3 years after the service is provided • Most claims activity during 6 - 25 years in practice • No claims sensitivity for any geographical region LAWPRO claims by error type (claims by count % for 2000-2010) Conflict 6% Fraud 3% Clerical 6% Other 6% Communication 34% Fail to Know Law 12% Inadequate Investigation 16% Time & Deadline 17% See LAWPRO Magazine article on biggest claims risks Resolution of Closed Claims (2000 to 2010) Count of claims by size of loss (2001 to 2011) Indemnity Paid 13% No Cost 48% Defence Only 39% Cost of claims by size of loss (2001 to 2011) © Lawyers’ Professional Indemnity Company 2012 Top 10 Descriptions of Loss by Count (2001 to 2011) 5 CIAO Risk Management Bellacicco/Pinnington May 23/12 100% LAW PRO Claims Count by Area of Law 2000 to 2010 90% Are big firms really that different? Claim Count (%) 80% Corporate Plaintiff Real Estate Defence IP Tax Wills/Estates Labour Family 70% 60% 50% 40% 30% 20% 10% 0% Solo 2 to 5 6 to 10 11 to 24 25 to 74 75 Up Firm Size LAWPRO Claims Count by Error Type 2000 to 2010 Communications Errors 100% 90% • Failure to follow client’s instructions Claim Count (%) 80% 70% 60% Communication Time & Deadlines Law or Tax Error Investigation/Discovery Clerical & Delegation Conflict of Interest Other 50% 40% 30% 20% • Failure to obtain consent/inform client • Work done without instructions • Implications of decisions/actions • Poor communication with client 10% + 75 74 24 to to • Who looks after what 25 11 to 2 6 to 5 10 0% So lo • Work promised, but not done • Often he said, she said… Firm Size Time and calendaring errors • Failure to know/ascertain deadline • Missed limitation • Failure to calendar properly • No tickler system • Fail to react to calendar • Basic calendar snafu • Procrastination/lack of follow up Inadequate discovery or investigation of facts • Bad advice because didn’t dig deep enough to deal with all relevant issues • Examples: – – – – Not asking about spousal status/assets on will matter No medical reports on personal injury matter Not doing title search on commercial lease Failing to exercise due diligence on an amalgamation of two corporations – Failing to verify the accuracy of information received from someone unknown to the lawyer • Not doing work as promised/timely basis • Instructions sent, no follow-up © Lawyers’ Professional Indemnity Company 2012 6 CIAO Risk Management Bellacicco/Pinnington May 23/12 Failure to Know or Apply the Law Delegation Errors • Clerical error • Substantive law • Letter filed in wrong file • Mistake on filing/form • Legislation • Regulations • Work delegated to employee not checked • Work delegated to outsider not checked • Case law • Recent decisions • Instructions to/from foreign lawyer • Often dabblers! Conflicts of Interest • Acting >1 party/entity CBA Task Force on Conflicts of Interest www.cba.org/conflicts – Previous vs. current clients – Family members and businesses – Company and directors/shareholders • Acting where self-interest – Investing in client – When fees owing Conflicts on firm merger or lateral hire • Last thing considered – Want to make it happen – Often blind eye to obvious or potential conflicts • Desire to keep both clients • Inevitably conflicts arise and both clients must walk • Often very costly as new counsel must be hired and get up to speed for both clients LAWPRO claims by error type (claims by count % for 2000-2010) Conflict 6% Fraud 3% Clerical 6% Other 6% Communication 34% Fail to Know Law 12% Inadequate Investigation 16% Time & Deadline 17% See LAWPRO Magazine article on biggest claims risks © Lawyers’ Professional Indemnity Company 2012 7 CIAO Risk Management Bellacicco/Pinnington May 23/12 Plaintiff litigation claims (2000 to 2010) Defence litigation claims (2000 to 2010) Conflict of Interest Other 1% 4% Clerical 5% Other 12% Communications 25% Law 11% Conflict of Interest 5% Communications 36% Clerical 4% Inadequate Investigation 12% Law 14% Inadequate Investigation 7% Time Management 42% Real estate claims (2000 to 2010) Time Management 22% Corporate law claims (2000 to 2010) Fraud Other 4% 5% Other 3% Fraud 4% Conflict of Interest 7% Conflict of Interest 19% Communications 40% Clerical 14% Communications 41% Clerical 6% Law 8% Time Management 3% Law 12% Inadequate Investigation 19% Family law claims (2000 to 2010) Conflict of Interest 4% Other 7% Inadequate Investigation 12% Wills & estates claims (2000 to 2010) Conflict of Interest 7% Clerical 5% Time Management 3% Other 4% Clerical 8% Communications 40% Communications 42% Law 15% Law 28% Inadequate Investigation 6% Time Management 8% © Lawyers’ Professional Indemnity Company 2012 Inadequate Investigation 15% Time Management 11% 8 CIAO Risk Management Bellacicco/Pinnington May 23/12 IP claims (2000 to 2010) Securities law claims (2000 to 2010) Other 2% Conflict of Interest 2% Other 9% Clerical 12% Communications 29% Communications 46% Clerical 25% Law 24% Law 6% Time Management 26% Inadequate Investigation 10% Inadequate Investigation 6% Cost of years between error date and reporting date by area of law (1997 to 2007) Bankruptcy law claims (2000 to 2010) Conflict of Interest 5% Other 10% Communications 20% Clerical 5% Time Management 5% Law 25% Inadequate Investigation 30% Time Management 3% Under 10 % 10 to 15 % Over 15 % Real Estate $172,940,664 92.1 $11,244,552 6.0 $3,528,914 1.9 Plaintiff $156,093,081 97.0 $3,523,337 2.2 $1,241,177 0.8 Corporate $105,310,606 95.0 $4,027,826 3.6 $1,493,544 1.3 Family $27,713,830 84.9 $3,260,625 10.0 $1,658,938 5.1 Defence $23,474,025 95.2 $681,248 2.8 $502,362 2.0 Wills $41,656,308 93.5 $2,025,035 4.5 $889,163 2.0 Labour $5,809,962 97.3 $163,391 2.7 $0 0.0 IP $7,188,781 98.2 $129,840 1.8 $0 0.0 Tax $16,828,067 97.9 $305,467 1.8 $61,175 0.4 Criminal $3,904,314 96.2 $5,801 0.1 $150,092 3.7 Securities $6,149,909 100.0 $0 0.0 $0 0.0 Bankruptcy $4,427,432 93.9 $286,230 6.1 $0 0.0 Avoiding a malpractice claim: File handling procedures • Formal file opening/closing procedure – Conflicts check – Written retainer with clear scope • Conflicts – – – – Follow firm procedures religiously Listen to your instincts - Who is your client? You can't judge your own conflicts Take appropriate action when real or potential conflict arises • Be clear when retainer is over © Lawyers’ Professional Indemnity Company 2012 9 CIAO Risk Management Bellacicco/Pinnington May 23/12 Avoiding a malpractice claim: Control client expectations • Manage/control client expectations from the start – – – – Process and procedures Anticipated timing Prospects for success/likely outcome Anticipated costs/disbursements • Don’t assume client understands everything • Keep client informed • Explain consequences of decisions • Don’t wait until end to ask how you did Avoiding a malpractice claim: Create a paper trail • Confirm information, instructions, advice work done in writing – But not everything • Confirm in writing or get signed directions on major decisions • Detailed contemporaneous dockets – Telephone conference with client re termination provisions of lease • Use tickler system for limitation periods/tasks • Use written offers to settle • Send interim and final reporting letters Avoiding a malpractice claim: Do your homework • Get the facts • Don’t rush or take shortcuts - dig deeper - ask yourself: •What does client really want need? •Read between the lines •Is there anything unusual? •Is there something that doesn’t add up? • Know the law • Do good work – Put case in properly • Evidence Act notices, expert reports etc. – Appropriate due diligence Problems with precedents • Final draft does not reflect the client’s instructions • Ambiguous clauses • Conflicting clauses • Missing clauses • Often due to miscommunications Biggest technology dangers Accommodate the big client errors • Inappropriate things for big client – Cut corners – Take shortcuts – Overlook conflicts of interest • Drivers – To please the client – Keep client for fees © Lawyers’ Professional Indemnity Company 2012 and • Email – – – – Sending email to wrong people E-mail auto-address BCC Saying nasty things • Metadata • E-discovery obligations • Getting into trouble online or in another jurisdiction • Loss of client data on portable devices 10 CIAO Risk Management Bellacicco/Pinnington May 23/12 Social media • Be professional • Regard everything you post as public Be careful: Is there coverage? • Advice/work regarding US or other foreign law – Not covered by LAWPRO policy – Consider client reaction • Avoid inadvertent client relationships • Be careful who you “friend” • Don’t communicate with client Avoiding disputes about money • Note: malpractice coverage is not mandatory in most US jurisdictions – Is required by some clients • • • • • Control client expectations about fees Get sufficient retainer at start Bill regularly Replenish retainer when it runs out If clients don’t replenish retainer or pay outstanding accounts: • Don’t sue for fees Risks in a soft economy • Unhappy clients looking for – – – – Someone to blame Someone to pay A way to delay things A way out • Ambiguous retainers • Ambiguous language in documents • Poor communication • Missed deadlines/delay • Unanticipated scenarios or circumstances • Unexpected results • Conflicts of interest © Lawyers’ Professional Indemnity Company 2012 Risky lawyer behaviour in a soft economy • Poor client selection • Rushing/taking shortcuts • Bending the rules • Dabblers – Helping existing client, family or friends – Switching to “growth” area • Suing for fees 11 CIAO Risk Management Bellacicco/Pinnington May 23/12 Beware of difficult clients Categories of difficult clients • • • • • • • • • How to deal with difficult clients • • • • • Set expectations at the start Continually manage expectations Be firm and consistent Don’t tolerate inappropriate behaviour Know when to say goodbye • See paper by Justice Carole Curtis and client billing and administrative information precedents Angry/hostile Vengeful/with a mission Over-Involved/obsessive Dependant Secretive/deceitful/dishonest Depressed Mentally Ill The difficult client with the difficult case Client unwilling to accept, follow or believe lawyer’s advice The lessons •Claims are real •Claims are preventable •Understand the risks •Be proactive in using risk management tools and strategies – www.practicepro.ca/difficultclients Thanks and questions please!! www.titleplus.ca www.lawpro.ca www.practicepro.ca © Lawyers’ Professional Indemnity Company 2012 12 CIAO Risk Management Bellacicco/Pinnington May 23/12 Beware of bad cheque fraud and other frauds How bad cheque frauds work • Contrived legal matter • Basic goal: have you run fraudulent certified cheque through your trust account • You disburse funds on the bad cheque • Fraudster gets real money • You get shortfall © Lawyers’ Professional Indemnity Company 2012 Common types • Bad debt collection • IP licence agreement payment • Spousal support collection – “Collaborative law participation agreement” • Business loan • Inventory purchase loan • Refund of retainer/deposit 13 CIAO Risk Management Bellacicco/Pinnington © Lawyers’ Professional Indemnity Company 2012 May 23/12 14 CIAO Risk Management Bellacicco/Pinnington May 23/12 The common red flags • Initial contact email is generically addressed (e.g., “Dear attorney”) and BCC’d to many people. • The name in the sender email address and name in the body of the email are different. • Sender email address is different from email address mentioned in body of the email. • Client uses one or more email addresses from a free email service (e.g., Gmail,MSN, Yahoo!), even when the matter is on behalf of a business entity. The common red flags (cont.) The common red flags (cont.) • Client raises issues of conflicts or payment of a retainer. • Domain name used in personalized email address or website was recently registered (check at WhoIs.net). • IP address in metadata of email indicates sender is in a geographic location that is different from where he/she claims to be. • Client is new to your firm. • Client is in a distant jurisdiction. • Client shows up and wants the matter completed around banking holidays. • Client says they prefer email communication due to time zone differences. • Client provides only a cell number. • Client is in a rush – and pressures you to “do the deal” quickly. • Client and others involved don’t seem concerned if shortcuts are taken. © Lawyers’ Professional Indemnity Company 2012 15 CIAO Risk Management Bellacicco/Pinnington May 23/12 The common red flags (cont.) • Client is willing to pay higher-than-usual fees on a contingent basis from (bogus) funds you are to receive. • Despite the client stating a lawyer is needed to help push for payment, the debtor pays without any hassle. • Cheque or bank draft arrives at your office in plain envelope and/or without covering letter. • Cheque is drawn from the account of an entity that appears to be unrelated (i.e., a spousal arrears payment from a business entity). Don’t let your guard down • • • • • The common red flags (cont.) • Payment amounts are different than expected or change without explanation. • Client instructs you to quickly wire the funds to an offshore bank account based on changed or urgent circumstances – E.g., health issues, sick child • Some or all of the payment is going to third party that appears unrelated to the matters. More info on fraud prevention Getting very sophisticated! Watch for red flags Dig deeper if things don’t add up Cross-check facts DON’T DISBURSE FUNDS UNTIL YOU ARE SURE THEY ARE THERE • Terminate retainer if not sure • www.AvoidAClaim.com blog • LAWPRO Fraud Fact sheet • Only wired funds via LVTS are irrevocable!! • www.practicepro.ca/fraud Thanks and questions please!! • Report suspicious matters to fraudinfo@lawpro.ca • CALL FOR HELP Administrative Dismissals “Case dismissed!” “The Sequel!” www.titleplus.ca www.lawpro.ca www.practicepro.ca © Lawyers’ Professional Indemnity Company 2012 Domenic Bellacicco New Unit Director & Counsel 16 CIAO Risk Management Bellacicco/Pinnington May 23/12 Status Notice The Saga Continues! Thank You For Listening! Questions please… 60 Professionalism, Practice and Technology Tips in 60 Minutes Dan Pinnington Vice President, Claims Prevention & Stakeholder Relations LAW PRO © Lawyers’ Professional Indemnity Company 2012 17 CIAO Risk Management Bellacicco/Pinnington May 23/12 Today’s agenda • Internet • • • • • • • Security and privacy Software and Gadgets Productivity Keyboard shortcuts Networking and social media Where to learn more Future of law? Internet © Lawyers’ Professional Indemnity Company 2012 18 CIAO Risk Management Bellacicco/Pinnington May 23/12 Your one stop travel shop • • • • • • Searches all other travel sites Flights and hotels You filter results to find what you want Reviews www.kayak.com Also www.tripadvisor.com Get The Best Free Online Clipart • Microsoft Office images page • Clip art, photos, animations and sounds • Searchable by keyword topic • Royalty free for non-commercial use • office.microsoft.com/en-us/images/ Join.me Instant ad hoc virtual meetings • Share your desktop via a web browser with 1-20 other people • Can look at other person’s computer too • Also IM and document sharing • $50/month • GoToMeeting or WebEx Can we meet next Tuesday? Use online scheduling tools: • GatherGrid • Tungle • WhenIsGood • Doodle • Mikogo (free) © Lawyers’ Professional Indemnity Company 2012 19 CIAO Risk Management Bellacicco/Pinnington Free long distance calls May 23/12 Google • Skype (www.skype.com) – To landlines for small fee • Google Talk (www.google.com/talk) • Also chat via IM – A good back-channel • Need mic and sound card on your computer Google Gmail. © Lawyers’ Professional Indemnity Company 2012 Google Maps 20 CIAO Risk Management Bellacicco/Pinnington May 23/12 Real Property Sneak Peak Google Translate • Want a look at specifc property clients Google Earth satellite – Google Maps – Streetview Have you “Googled” yourself lately? • How the rest of the world sees you through the eyes of the Web – Good and bad stuff • Make it a regular habit • Search variations of your name in quotes • Your department name, stakeholders, etc. Don't be the last to know • Google Alerts • E-mail alerts of Google news and/or Web search results based your query or topic • Delivered instantly, daily or weekly • News about any person or topic More Even more SECURITY and PRIVACY © Lawyers’ Professional Indemnity Company 2012 21 CIAO Risk Management Bellacicco/Pinnington May 23/12 Keep your electronic data secure and private Keep your electronic data secure and private (cont.) #1 Install latest updates #2 Use passwords #3 Antivirus software is essential #4 Avoid spyware and adware #5 Install firewall on your Internet connection #6 Avoid the dangers of e-mail #7 Beware the dangers of metadata #8 Lockdown and protect your data #9 Harden your wireless connections #10 Learn how to safely surf the Web #11 Change key default settings #12 Implement a technology use policy #13 A backup can save your practice www.practicepro.ca/securitybooklet Build a better password Ninite.com • Automated install/update of common web apps • Over 12 characters • Combo of upper/lowercase, numbers, symbols • Change it frequently LastPass password utility • Over 12 characters • Combo of upper/lowercase, numbers, symbols • Change it frequently • No birthdays, dictionary words, famous quotations • Don’t use the same one for everything • No birthdays, dictionary words, famous quotations • Don’t use the same one for everything Google Account security best practices • • • • • Use a strong password Set-up two step authentication Enable Google account recovery options Check application access See post on Rick Klau’s blog – http://tins.rklau.com CSR..2 © Lawyers’ Professional Indemnity Company 2012 22 CIAO Risk Management Bellacicco/Pinnington MyPermissions.org May 23/12 Email gotchas • Don’t send to wrong person! • Check your permissions with this collection of links to your social media profile pages – Links work when you are logged in – Check before sending – Message recall doesn’t work • Turn off auto-complete – In Outlook: • Tools – Options – Email Options – Advanced Options… • Don’t say nasty things! Wireless Security • Lock down your router • Using it as is out-of-the-box leaves you wide open • See instructions on practicePRO site – www.practicepro.ca/securitybooklet Phishing Scams Gadgets, Software and Hardware • ‘Spoofed' e-mails – Appear to be from bank, credit card company etc. – Links to counterfeit websites – Tricks you into divulging credit card numbers, account usernames, passwords and more • Avoid being taken in! © Lawyers’ Professional Indemnity Company 2012 23 CIAO Risk Management Bellacicco/Pinnington May 23/12 Dual Monitors Triple monitors… • Working screen and reading screen • Easier cut/paste/edit • Less printing Telephone Headsets • Once you try one, you’ll never go back • Models – Over the head – Over the ear – In the ear • Prices - $50-$350 • Consider dual phone/computer type BlackBerry Tips • Keyboard shortcuts • Helpful features and settings • BlackBerry 101 article from LawPRO Magazine • www.practicepro.ca/LawPROmag/Blackberry101.pdf – Voice recognition software – Virtual meetings Essential Mac and iPhone resources Adobe Acrobat X Professional • iPhoneJD – www.iphonejd.com • The Mac Lawyer – www.themaclawyer.com • ABA Techshow 60 iPad and iPhone Apps in 60 Minutes • • • • • • Create/Edit .pdf files OCR Portfolios Security Forms Email archiving – www.ReidMyBlog.com © Lawyers’ Professional Indemnity Company 2012 24 CIAO Risk Management Bellacicco/Pinnington May 23/12 Voice Recognition • Direct translation of speech to text • Dragon’s Naturally Speaking 11.5 (Nuance) for Windows – Preferred, Professional or Legal • Dragon Dictate for the Mac • Windows Speech Recognition in Vista or Windows 7 Digital Dictation • • • • • Same size as tape machines Eliminate tape problems! Greater capacity and clearer Work on multiple files Upload to your computer and email • Allows you to easily send in dictation from remote location • Can also work in conjunction with VRS • KnowBrainer addon adds voice commands DIY document assembly Tasks and time management • Pathgoras.com • Easiest way to do document automation assembly yet • Simple to learn • Easy to convert existing documents • Try TheFormTool.com The different types of tasks Urgent and important Important but not urgent 1 2 3 4 1 2 3 4 Urgent but not important • Motion today • Court filing due tomorrow • Real estate closing Not urgent and not important • Calls/emails • Most interruptions • Other people imposing on your time • LAWPRO premium due next month • Employee issues • Collecting ARs • Marketing • Exercise/time off • • • • Trade press Television Did the Leafs win? Facebook updates Stephen R. Covey's book, The 7 Habits of Highly Effective People © Lawyers’ Professional Indemnity Company 2012 25 CIAO Risk Management Bellacicco/Pinnington May 23/12 Getting things done with a daily to do list • • • • • Use it every day Write it out Have only one list Make it at beginning/end of day Show priorities Ways to capture smaller tasks or reminders • • • • Send email to yourself Create a new email message Save draft message in email drafts folder Dedicated to do or reminder sub-folders in Inbox – What are the top 3 or 5 • Use standard form • Enter bigger tasks in calendar Control your boundaries and space PRODUCTIVITY • Daily/weekly meetings for routine issues • Set aside your best time in the day to do work • Don’t bug me protocol – Close your door; phone to voicemail • Work in a war room • Consider call display • Have people send email, not voicemail • Used detailed voicemail messages • Learn to say “NO” Turn off new e-mail pop-up and beep Go for fewer interruptions by: • Turn off the pop-up • Turn off the beep • Set check for new messages to lower frequency • Enable new mail icon on task bar © Lawyers’ Professional Indemnity Company 2012 26 CIAO Risk Management Bellacicco/Pinnington Make your mouse more sensitive • Smaller mouse/touchpad movement to cross desktop • Start, Control Panel, Mouse icon, Motion tab • Will take you time to adjust May 23/12 Try a right-click on your mouse • Or the right-click key on keyboard – it has arrow cursor and menu on it • The fastest way to jump to context sensitive features Help me with spelling Keyboard shortcuts • Right click (or menu shortcut key) on misspelled words (underlined in red) to see correct spellings Save your work • Press Ctrl+s to save your work • Works in most applications • In most email programs will save copy of current message in Drafts folder © Lawyers’ Professional Indemnity Company 2012 Clean up a mess with the miraculous Undo or Ctrl+z • To undo changes press Ctrl+z, Alt+Backspace, or click the Undo button • To redo undone changes press Ctrl+y or click the Redo button • You can do this multiple times • Works in all MS Office apps, and many other programs 27 CIAO Risk Management Bellacicco/Pinnington Alt + Tab To switch from one program to another • Hold down Alt, and • Repeatedly hit Tab Essential word processing shortcuts May 23/12 Jumping and selecting text • Ctrl+left or right arrow to jump one whole word • Ctrl+up or down arrows to jump a paragraph at a time • Ctrl+Shift+right or left arrow to both select and jump one whole word at at time • Ctrl+Shift+up/down arrows to both select and jump a paragraph at a time Print without your mouse • To turn on/off; or change selected text: – Ctrl+B = bold – Ctrl+U = underline – Ctrl+I = italics • Ctrl+A = selects all text in a document Essential Outlook keyboard shortcuts • • • • • • • Ctrl+P - opens Print dialog • Up/Down Arrows - increments the number of copies • Enter - same as hitting OK Ctrl+M = new E-Mail message Ctrl+Enter = to send an email message Ctrl+T = new Task Ctrl+N = new Note F7 to spell check Ctrl+B = open Address Book Work smarter in Outlook • Use plain-English dates in date fields – will enter next occurrence of the described date – Ex: “tomorrow”; “nov 4”; “one week” or “2 days” • Sort items listed in any column by clicking on the column’s title bar © Lawyers’ Professional Indemnity Company 2012 28 CIAO Risk Management Bellacicco/Pinnington Keep calendar open while using other parts of Outlook • Open Calendar in new window • Right-click on Calendar and select Open in New Window Where did I store that document? May 23/12 Outlook Add-Ons • Adobe Acrobat archive • Simply File makes organizing e-mails easier • Copy2Contact makes contact management a breeze • Xobni makes Outlook more powerful Chatty Caller? • Don’t waste time looking for electronic copies of documents • Use the same folder structure on your computer hard drive and in your email Inbox sub-folders • Caller has more time than you do? • Need help to get off the phone? • www.sorrygottago.com can help © Lawyers’ Professional Indemnity Company 2012 29 CIAO Risk Management Bellacicco/Pinnington Learning More May 23/12 2-page Quick Reference Guides • Use Microsoft, Adobe, or Mac software? • Download free, full colour guides here: www.customguide.com/quick_references.htm • • • • • • Online Training Word Powerpoint Excel Acrobat Photoshop and more Learn Acrobat • Lynda.com • Training for: – – – – – – Microsoft Office Corel/Word Perfect Acrobat Google Windows 7/Mac OS Moving versions • Starts at $25/month blogs.adobe.com/acrolegal practicePRO/LAWPRO Resources Places to learn more: • • • • • LAWPRO Magazine AvoidAClaim.com blog Managing booklets Lending Library practicePRO Resource Guide • www.lawpro.ca • www.practicepro.ca © Lawyers’ Professional Indemnity Company 2012 30 CIAO Risk Management Bellacicco/Pinnington May 23/12 LSUC Resource Centre LSUC/OBA Solo & Small Firm Conference May 30-June 1, 2012 ABA Resources • • • • Law Practice magazine LawPracticeToday Webzine ABA TECHSHOW Books Implementing all this Stuff!! • Resolve to make some changes • Small/easy ones first • Bigger ones over time B Thanks and questions please!! www.titleplus.ca www.lawpro.ca www.practicepro.ca © Lawyers’ Professional Indemnity Company 2012 Contact Info Dan Pinnington, BSc, LLB/JD Vice President, Claims Prevention & Stakeholder Relations LAWPRO, Toronto, Ontario (416) 598-5863 or 1-800-410-1013 dan.pinnington@lawpro.ca www.practicepro.ca and www.lawpro.ca Blogs: AvoidAClaim.com; slaw.ca; • Connect with me: – Linkedin: Dan Pinnington – Twitter: danpinnington – Facebook: Dan Pinnington – Google+: Dan Pinnington 31 practicetip beware the ides of Rule 48 The following scenario is familiar to all plaintiffs’ counsel. Consider it, for example, in the context of a slip and fall claim. Upon being retained and after having reviewed the relevant factual background, counsel chooses, wisely, to explore the prospect of resolving the claim without the need for formal proceedings. The liability insurer is like-minded and appoints an adjuster to investigate and engage counsel in a settlement dialogue. As is often the case, the running of a limitation period outstrips the pace of negotiations and the expiry of the limitation looms. To protect the client’s interests and preserve the right to formally advance the claim, counsel commences an action. Mindful of the six-month deadline for service, counsel serves the statement of claim and an agreement is struck with the adjuster to hold the action in abeyance pending the outcome of settlement discussions. The outlook in this regard is favourable and counsel is justifiably optimistic. All is well, but for one thing… Rule 48.15. The Rule provides as follows: 48.15 (1) Dismissal – The registrar shall make an order dismissing an action as abandoned if the following conditions are satisfied, unless the court orders otherwise: 1. More than 180 days have passed since the date the originating process was issued. 38 2. None of the following has been filed: i. A statement of defence. ii. A notice of intent to defend. iii. A notice of motion in response to an action, other than a motion challenging the court’s jurisdiction. 3. The action has not been disposed of by final order or judgment. The action has not been set down for trial in our slip and fall scenario. The registrar has given 45 days notice in Form 48E that the action will be dismissed as abandoned: O. Reg. 438/08, s. 46, O. Reg. 394/09, 21(1). It does not matter that the parties are engaged in ongoing and perhaps vigorous negotiations, with a clear and unequivocal intent on the part of the plaintiff to proceed with the claim. The rule deems the action as “abandoned” in the absence of the specified filings. Ordinarily, the filing of these documents would be a routine measure if defence counsel were appointed. The problem arises where the defence representative is an adjuster. Assume for a moment that the court office has delivered the required 45-day notice. Counsel then advises the adjuster of the deadline and asks that defence counsel be appointed to deal with the appropriate filing. Unfortunately, 45 days is often far too brief a span for the adjuster to communicate with his principals, have the insurer appoint counsel, and have that counsel respond in a timely manner so as to keep the action alive. Add a vacation to the mix, and the result is all too common: The action is dismissed. While there is recourse by way of a motion to set aside the dismissal, time and money are better spent in some prudent planning so as to avoid the dire consequences of Rule 48.15. Perhaps the simplest and safest course (instead of issuing the statement of claim) is a “tolling” or “standstill” agreement, whereby the parties agree to suspend the running of the limitation period while negotiations are ongoing. If a formal action becomes necessary, the agreement stipulates the time frame within which an action must be commenced, upon written notice from the defendant. Perhaps the Rules committee may revisit this issue and see fit to extend the time frame within which an action is allowed to lay dormant. For the moment, it is up to the plaintiff ’s counsel to be mindful and watchful. ■ Dale Herceg is senior claims counsel at LAWPRO. © 2011 Lawyers’ Professional Indemnity Company. This article originally appeared in LAWPRO Magazine “Communication Breakdown” Fall 2011 (Vol. 10 no. 2). It is available at www.lawpro.ca/magazinearchives The practicePRO and TitlePLUS programs are provided by LAWPRO LawPRO Magazine | Volume 10 issue 2 < previous next > www.lawpro.ca practicetip administrative Dismissals Part 2 You have just settled a very complicated case on the eve of trial. The preparation leading to trial has left little time to work on other files, but fortunately the two weeks previously blocked off have now opened up. Time to catch up and start returning all those old phone calls and responding to those never ending emails. You start reading an email from defence counsel on one of your personal injury files who has let you know that the Registrar dismissed your client’s action for delay about six months ago and he is closing his file. He reminds you that you did not answer his previous letters asking you to move the action along and deliver the pre-accident clinical notes and records of your client’s treating doctors. When you review the file, you find underneath a copy of the police report, a status notice from the court warning of the pending dismissal, but you do not recall ever seeing it before. Your first reaction is panic, but you then remember that this did happen to you before, and you recall having read an article in the July 2009 LAWPRO Magazine on this very issue. That article stressed that these dismissal orders need to be taken seriously and you should call LAWPRO immediately and ask for help. You recall that the claims counsel at LAWPRO helped you write the appropriate letter to your client, and vetted your draft motion materials, which were later served on opposing counsel. Fortunately, the action was restored on consent, but you knew that LAWPRO would retain counsel on your behalf should the matter proceed to cross examinations and then be argued on a contested basis. When you first read the article and spoke with claims counsel, you were quite surprised to learn that a Registrar’s dismissal order is not routinely set aside, and the case law is quite extensive. You recall being advised that your materials were poorly drafted, and your affidavit lacked crucial details. You were stunned to find out that if you proceeded with the motion without contacting LAWPRO, you would likely have lost the motion and jeopardized your coverage. Any appeal was doomed to fail because all of the relevant material was available before the motion and there would be little hope of introducing fresh evidence. Without delay, you begin writing your Claims Notice Report to LAWPRO. 32 © 2011 Lawyers’ Professional Indemnity Company. This article originally appeared in LAWPRO Magazine “2010 Annual Review” Summer 2011 (Vol. 10 no. 1). It is available at www.lawpro.ca/magazinearchives The practicePRO and TitlePLUS programs are provided by LAWPRO LawPrO Magazine | Volume 10 issue 1 www.lawpro.ca practicetip Unfortunately, LAWPRO claims counsel deal with actions dismissed for delay by the Registrar every week. Many lawyers have busy practices, and mistakes are made because they fail to implement a procedure in which files are diarized for review and all staff are involved in bringing a Status Notice front and centre to the lawyer’s attention. To avoid problems, the deadline dates should be recorded in the firm’s tickler system. You want to avoid dealing with a Registrar’s dismissal in the first place by ensuring you have a good system in place. However, if you have to bring a motion to restore an action, the key is ensuring that the motion materials are done right. Case law on dismissal orders The law regarding setting aside dismissal orders pursuant to Rule 48.14 is now well settled. The involvement of LAWPRO counsel has been instrumental in developing the law and four key Court of Appeal decisions were argued by our counsel. In Scaini v. Prochnicki (2007), 85 O.R. (3d) 179, the Court of Appeal stated that although there are a series of factors that should generally be considered in these motions, the court should not be restricted to a rigid application of a test involving only the four factors set out in Reid v. Dow Corning Corp (2001), 11 C.P.C. (5th) 80. Rather a contextual approach is to be used, which involves a review of all relevant factors with the ultimate goal of balancing the respective interests of the parties. The four Reid factors remain the starting point for these motions, and need to be addressed in the affidavit material. Those factors are: 1. an explanation of the litigation delay from the start of the action until the deadline for setting the action down; 2. evidence that the plaintiff always intended to set the action down by the deadline but failed to do so through inadvertence; 3. promptness in bringing the motion to set aside the dismissal; and www.lawpro.ca 4. a lack of significant prejudice to the defendants arising from the delay or as a result of the dismissal. The plaintiff need not satisfy all four factors as such an approach would undermine the court’s discretion to consider all relevant factors and attempt to balance the interests of the parties. In Marche D’Alimentation Denis Theriault Ltee v. Giant Tiger Stores Ltd. (2007), 87 O.R. (3d) 660, the Court of Appeal confirmed the need to consider all of the contextual factors to make a “just” order in the circumstances. But it also pointed out that significant delay in moving an action forward undermines the public interest in promoting timely resolution of disputes and should not be condoned. The Giant Tiger decision established that the principle of finality was an important consideration even in the absence of prejudice. In my view, the lower courts focused on the finality principle and often ignored that the court was also aware that justice favours the “goal of having disputes resolved on the merits.” appeal, Laskin J.A. stressed that this delay had to be “assessed in the context of the time frame preceding it — a timeframe in which the lawsuit proceeded reasonably promptly.” The court took notice that the action was moving reasonably well before service of the Status Notice, and contrary to what occurred in Giant Tiger, the lawyer in Finlay did not make a deliberate decision not to move the action forward. After reviewing all relevant factors, the court stated that “cumulatively, these considerations outweigh the two-year delay in bringing the motion and justify setting aside the registrar’s order.” The Court of Appeal in Wellwood v. Ontario provincial police 2010 ONCA 386, upheld the Master’s finding that there was delay in advancing the action, in bringing the motion that was not adequately explained and that this delay was intentional. The majority also upheld the initial finding of a presumption of prejudice due to the expiry of the limitation period. As such, if the plaintiff rebuts the presumption, the onus shifts to the defendant to establish actual prejudice. Moreover, it was often forgotten that the court made a finding that the plaintiff ’s lawyer was unaware of the dismissal order because he had put his file in abeyance and “there was a deliberate intention not to advance the litigation toward trial.” The Wellwood decision is commonly relied on by defence counsel opposing motions to restore the action, but the key is to provide a very detailed affidavit to explain any delays as to avoid a finding of intentional delay. Fortunately, our counsel was successful before the Court of Appeal in Finlay v. Paassen 2010 ONCA 204 in which the Court of Appeal stressed that the issue of prejudice “invariably is a key consideration on a motion to set aside a dismissal order.” The Court of Appeal also stressed that courts should not be too quick to dismiss these motions on the basis that a plaintiff will then have a remedy against his own lawyer. A lawyer’s potential negligence should not be a factor at all. LAWPRO counsel who argued both appeals maintains that the decision of Laskin J.A. in Finlay remains unaffected. The majority in Wellwood distinguishes Finlay on the basis that the delay in Finlay was not deliberate. The majority decision in Wellwood, like in Giant Tiger, can be explained by their finding that on the evidence that the delay in proceeding with the action and in moving to set aside the dismissal order was inordinate, unexplained and intentional. In Finlay, the motion’s judge focused on the two-year delay by the plaintiff ’s lawyer in moving to set aside the Registar’s Order. On The court will have no difficulty in dismissing a motion for want of proper evidence being adduced. LawPrO Magazine | Volume 10 issue 1 33 practicetip As an example, one of our files involved a tort claim for damages as a result of a motor vehicle accident. The insured lawyer argued the motion without contacting us and lost. The Master found that the evidence addressing the Reid factors to be “woefully inadequate.” The lawyer simply indicated he missed the deadline to set the action down due to inadvertence, but provided no further explanation. The Master wanted to know if someone had failed to record a key date, or if there were any problems with the firm’s tickler system. The lawyer waited one year to bring the motion to restore the action, and again there was simply a “blanket referral to inadvertence,” and this is not enough. The lawyer had to be more specific about what happened after the dismissal order came to his attention. There was simply no evidence to rebut the presumption of prejudice. Even if he was incorrect regarding prejudice, the Master went further and criticized the plaintiff himself for making a deliberate decision not to advance the litigation because he left the jurisdiction for a considerable period of time without communicating with his lawyers. Relying on Giant Tiger and Wellwood, the Master found that the intentional delay was fatal to restoring the action. By involving LAWPRO early, you can ensure that the motion materials are properly prepared, and there is a good chance that the motion will go on consent or unopposed. Alternatively, we can retain counsel for you to prepare and argue the motion. We have been successful when we have time to respond. We are here to help. ■ Domenic Bellacicco is new claims unit director and counsel at LAWPRO. Take a fresh step… before it’s too late In January, 2012, litigators may see a tsunami of “deemed dismissals” of stale actions. Note especially Rule 48.15(6)2: Rule 48.15(6) In the case of an action commenced before January 1, 2010, other than an action governed by Rule 76 or 77, the following rules apply, unless the court orders otherwise: 1. If a step is taken in the action on or after January 1, 2010, and before January 1, 2012, subrule (1) applies as if the action started on the date on which the step was taken. 2. If no step is taken in the action on or after January 1, 2010, and before January 1, 2012, the action is deemed on January 1, 2012, to be dismissed as abandoned on that date, unless the plaintiff is under a disability. 3. An action deemed to be dismissed under paragraph 2 may be set aside under rule 37.14 and, for the purpose, the deemed dismissal shall be treated as if it were an order of the registrar. O. Reg. 394/09, s. 21(2). Based on the lack of proper evidence at first instance and the Master’s finding of intention delay on the evidence presented, there was no way to succeed on appeal. The costs of the action and motion were fixed at $15,000. The “leading” cases on setting aside dismissals by the registrar are Scaini v. Prochnicki (2007) 85 O.R. (3d) 179 (C.A.); Finlay v. Paassen, 2010 ONCA 204, and Welland v. Ontario Provincial Police, 2010 ONCA 386. These are discussed at length in Domenic Bellacicco’s article “Administrative Dismissals.” Call LAWPRO – immediately If you have a file that has gone nowhere in the past one and one half years, it is surely better to “take a fresh step” before the end of 2011, rather than to be forced to bring a motion in 2012, hoping that you can satisfy the Court of Appeal’s criteria for setting aside the dismissal of your client’s action. When you realize that an action has been dismissed for delay, call LAWPRO immediately. Don’t bring the motion without telling us first, and don’t advise us of the situation on the eve of the motion. 34 LawPrO Magazine | Volume 10 issue 1 Debra Rolph is director of research at LAWPRO. www.lawpro.ca Update on dismissal orders The recent Court of Appeal decision in Machacek v. Ontario Cycling Association, 2011 ONCA 410 underlines the importance of reporting a dismissal order promptly to LAWPRO. The plaintiffs' lawyer waited almost two years to report the matter to LAWPRO. The Court stressed motion delay and finality as opposed to litigation delay and lack of prejudice. The finding of the lack of prejudice had to be "balanced by a consideration of the finality principle." Motion delay coupled with the fact that the plaintiffs' lawyer was not communicating with his clients after discovery, led the court to conclude that the delay and the conduct of the lawyer "tip the balance" toward the finality principle. FRAUD FACT SHEET …making a difference for the legal profession Avoid becoming its next victim How you can Fraud continues to be a significant and costly problem for LAWPRO. Fraudsters are successfully duping lawyers and law clerks, and it’s not just real estate lawyers who are being targeted. Litigation, business and family law lawyers are frequent targets of bad cheque scams involving debt collections, spousal support payments and business loans. Don’t be complacent and think you would never be fooled. These frauds are very sophisticated. The matters will look legitimate, the fraudsters will be very convincing and the client ID and other documents you get will look real. The fake cheques have fooled bank tellers and branch managers. What to do if you have a suspicious file Proceed with caution if you have even the slightest suspicion that the matter you are handling isn’t legitimate. • Look for the red flags of a fraud. See the lists on the following pages. • Ask questions and dig deeper, especially if the facts don’t add up or are inconsistent. See the next page for a list of things you can do. • Visit the AvoidAClaim.com blog to see email messages and documents from the frauds LAWPRO is seeing. Click on the Confirmed Frauds button to see a full listing of names of confirmed fraudster clients. If you still aren’t sure the matter is legitimate, call LAWPRO. Our experience with multiple frauds can help determine if you are being duped. If the matter turns out to be a fraud and there is a potential claim, we will work with you to prevent the fraud, if possible, and to minimize potential claims costs. Ultimately, if you aren’t completely sure a matter is legitimate, terminate the retainer. Don’t be sucked in by your emotions or a strong desire to help. Don’t let the lure of a generous fee cause you to ignore your concerns as to the legitimacy of a matter. If it looks too easy or sounds too good to be true, it probably is. Report obvious frauds to LAWPRO Help us help other lawyers by sending obviously fraudulent messages or scans of identification and other documents provided to you to fraudinfo@lawpro.ca. Bad cheque scams Fraudsters retain the firm on a contrived legal matter so that they can run a counterfeit cheque or bank draft through the firm trust account and walk away with real money. These contrived matters Common types of bad cheque fraud: Business loan/inventory purchase fraud • Targets business lawyers. • Fraudster will ask you to handle a loan. • Loan proceeds are coming from fake lender. Spousal support collection fraud • Targets family lawyers. • Fraudster will ask you help with collection from ex-spouse, often further to a “collaborative settlement agreement.” will look real. The fraudster will provide extensive and very real looking ID and documents. When the bad cheque or draft bounces, there will be a shortfall in the trust account. Red flags Digging deeper These are the common red flags that indicate that a matter is a fraud. Some of these may occur on legitimate matters, but if many appear on the same matter you should heed the warning signs. Take these steps to cross-check and verify information provided to you by the client. • Initial contact email is generically addressed (e.g., “Dear attorney”) and BCC’d to many people. • Sender email address is different from address mentioned in body of the email. • Client uses one or more email addresses from a free email service (e.g., Gmail, MSN, Yahoo!), even when the matter is on behalf of a business entity. • Client is new to your firm. • Ex-spouse will pay up with little or no pushing. • Client is in a distant jurisdiction. Debt collection fraud • Client prefers email communication due to time zone differences. • Targets litigators. • Fraudster will ask for help with a debt collection. • Debtor will pay up with little or no pushing. • Client shows up and wants the matter completed around banking holidays. • Client provides only a cell number. • Client is in a rush – and pressures you to “do the deal” quickly. • Client and others involved don’t seem concerned if shortcuts are taken. • Cross-check names, addresses, and phone numbers of the client and other people/entities involved in the matter on Google and other search engines. While the real names of people or businesses may be used, contact information on fake documents will put you in touch with people in cahoots with the fraudsters. • Do reverse searches on phone numbers. • Look up addresses using Street View in Google Maps. • Ask your bank or the issuing bank to confirm the branch transit number and cheque are legitimate. • Call the entity making the payment or loan and ask if they are aware of the transaction. • Contact the company to confirm it is expecting debtor’s payment or business loan. • Hold the funds until your bank confirms the funds are “good” by contacting the other bank, and have the bank confirm, in writing, that it is safe to withdraw from the deposit. • Client is willing to pay higher-than-usual fees on a contingent basis from (bogus) funds you are to receive. • Despite the client stating a lawyer is needed to help push for payment, the debtor pays without any hassle. • Cheque or bank draft arrives at your office in plain envelope and/or without covering letter. Get fraud updates from AvoidAClaim.com blog For immediate updates on fraud and claims prevention, subscribe to the email or RSS updates from LAWPRO’s AvoidAClaim blog. • Cheque is drawn from the account of an entity that appears to be unrelated (e.g., a spousal arrears payment from an insurance company or travel agency). • Payment amounts are different than expected or change without explanation. • Client instructs you to quickly wire the funds to an offshore bank account or third party that appears unrelated to the matters. www.lawpro.ca Real estate scams Identity theft fraud Flip (value) fraud • Client uses fake ID to assume identity of existing property owner (or director/officer of corporate owner). • Client says she or he is a real estate agent or in business of buying and selling. • Client sells or mortgages the property, or discharges mortgage from title, then gets new (often high-ratio) mortgage from another lender. • Client promises high fees, lots of business for quick turnaround on deals. (Short turnaround means proper searches aren’t conducted.) • Paperwork looks in order; no encumbrances on title, but one or more recently discharged mortgages. • Once transaction closes, client flips property to accomplice (e.g., appraiser and/or mortgage broker) for much higher value. • Client in a hurry and accommodating: May discourage house inspection or appraisal. • Lender issues mortgage on inflated property value. • Transaction closes, you pay proceeds to client who makes a few mortgage payments, then disappears with funds. • Lender sues you for value of mortgage. • Client uses mortgage proceeds to pay initial purchase price, splits excess funds with accomplices. • Client makes a few payments, and then disappears with funds. • Lender sues you for excess/inflated value of mortgage. Red flags: The client Red flags: The transaction • Does not care about property, price, mortgage interest rate, legal and/or brokerage fees. • Repeat activity on single property or for single client. • Only uses a cellphone number for contact. • Cannot produce title documents, survey, reporting letter, tax or utility bills. • Rental and vacant properties especially vulnerable. • Client buys and sells often, prefers to deal in cash. • Property listing expired without sale (i.e., sale may be unregistered). • Does not appear familiar with property. • Frequent and quick mortgage discharges on property. • Won’t permit contact with prior lawyer. • New referral source sending lots of business. • Client is “out of sync” with property – e.g., don’t appear educated/ affluent enough. • “Rush” deals, often with promise of more. • Client produces small deposit relative to price. • Funds directed to third party with no apparent connection to transaction. • No amendments to Agreement of Purchase and Sale. • Stranger who appears to control client attends to sign documents. • Sale is presented as a “private agreement” – no agent involved, or named agent has no knowledge of transaction. • Municipality or utility companies have no knowledge of client’s ownership. TIP: BE ALERT • Avoid having documents executed outside your office. • Consider reviewing or discussing transaction with another lawyer. • Consider market trends in the transaction area. www.lawpro.ca • Client paying little or nothing from own funds. • Unusual adjustments in favour of vendor, or large vendor-takeback mortgage. • Use of counter cheques. • Use of Power of Attorney. More information on protecting clients against real estate fraud TitlePLUS® title insurance provides coverage for your clients when they buy a home. Through the OwnerEXPRESS® program, TitlePLUS insurance also provides fraud protection for clients who may have purchased a property earlier but did not also secure title insurance protection on that purchase. TitlePLUS insurance provides fraud coverage as follows: • for frauds that may have occurred prior to purchase (e.g., it turns out that the vendor does not really have the right to sell the property); • if the property becomes a target of fraud at a later date. This is part of the post-Policy Date protection in the TitlePLUS policy. not yours, if someone must contact the government to request that title be restored to your name in the official records. (Please refer to the policy for full details, including actual terms and conditions.) For more information visit www.titleplus.ca under our "Products and Services," and "Publications" tabs. The TitlePLUS policy is underwritten by Lawyers’ Professional Indemnity Company (LAWPRO). There is also a “duty to defend” in the policy, which means that it is our problem, Is the fraudster in your office? Not all fraudsters are strangers. Even partners, associates, law clerks or other employees may turn to fraud because of financial pressures from a divorce, failed business venture, or other personal crisis. More information on fraud • Someone never takes vacation or sick leave, works overly long hours, or refuses to delegate work. LAWPRO has assembled a variety of articles, resources and tips on fraud and how to avoid being its next victim. To learn more about what fraud looks like and how to prevent it from happening to you and your firm, go to: www.practicepro.ca/fraud. Red flags LAWPRO’s enhanced coverage for counterfeit certified cheques, bank drafts As of January 1, 2010, the LAWPRO policy provides some overdraft protection to lawyers in relation to their trust accounts where liability for the overdraft results from the handling of a counterfeit certified cheque or counterfeit bank draft in the capacity of a practising lawyer. This enhanced protection is subject to several conditions and limitations. Review the FAQs (www.lawpro.ca/FAQs) on the LAWPRO website to make sure you understand this coverage and the extra steps you must take to quality for it. MASTHEAD President & CEO: Kathleen A. Waters • A firm member undergoes a sudden change in lifestyle or change in temperament. This information bulletin is published by LAWPRO to provide lawyers and law firm employees with an overview of some common types of fraud, and to provide practical advice on ways to minimize their exposure to fraud-related claims. • The firm receives mail for a corporation for which no client file is opened or billed, or minute books are kept in the lawyer’s office instead of with the corporate law clerk. www.lawpro.ca Tel: (416) 598-5800 or 1-800-410-1013 Fax: (416) 599-8341 or 1-800-286-7639 • Unusual patterns such as a sudden increase in payments to a person or credit card company or government, or complaints about slow payment from suppliers or clients, or an increase in written-off work in progress (WIP). Managing Editor: Dagmar Kanzler dagmar.kanzler@lawpro.ca Editor/writer: Dan Pinnington dan.pinnington@lawpro.ca Design & Production: Freeman Communications studio@freemancomm.com Disclaimer: The material presented does not establish, report or create the standard of care for lawyers. The material is not a complete analysis of the topics covered, and readers are encouraged to conduct their own appropriate legal research. © For more information see “Fraud on the Inside: What to do when partners, associates or staff commit fraud” at www.lawpro.ca/magazine. 2011 Lawyers' Professional Indemnity Company (LAWPRO). All rights reserved. ® Registered trademark of Lawyers' Professional Indemnity Company. Printed on recycled paper. This product can be recycled. B6/2011