An estate beneficiary brought an action alleging breach of trust, breach of fiduciary duty, and negligence (along with other torts) against multiple parties including the estate trustee, financial advisors and a LawPRO
insured lawyer who had been retained by the estate trustee (2016 ONSC 1496; 2016 ONSC 3532 (Costs)-RRB-.
Lawyers Professional Indemnity Company (LAWPRO) was created to
insure lawyers against legal malpractice claims.
Many of the benefits from
insuring lawyers individually under the primary Law Society program are only possible because LAWPRO provides the insurance for all lawyers called and in private practice in Ontario.
Premiums from the mandatory insurance program were $ 5.8 million higher than in 2014, with the increase driven in part by the net increase in the number
of insured lawyers purchasing insurance coverage in 2015.
Such initiatives could be paid or unpaid, and in the calls to LawPRO have involved
insured lawyers in private practice.
This confidence, in turn, allows us to offer the following special policy terms for professional services offered under the program
by insured lawyers:
The requirement
for insured lawyers to report potential claims to the insurer as soon as practicable upon becoming aware of circumstances which might result in a claim is not only part of every CLIA liability insurance policy, but also set out in the Law Society of Manitoba Rules and the Code of Professional Conduct.
The year 2016 marked the sixth year in which most
insured lawyers paid a base premium of $ 3,350 for their professional indemnity insurance.
At the same time, the commercial carriers
insuring lawyers began to run into significant financial difficulties because of the under - reserving and competitive pricing that had been taking place.
For services where they are only being paid what they perceive as a modest amount of compensation,
insured lawyers report not wanting to be exposed to the risk of paying a deductible or CHLS under the program.
Nevertheless, despite the elevated level of claims costs, the base premium for 2013 will remain at $ 3,350
per insured lawyer — the same as it was for 2011 and 2012.
Credit for this achievement must be shared with the bar, who paid levies to the Law Society to permit it to fund the higher LPIC capital requirement, and to
insured lawyers who paid higher levies in 1995 - 1998.
Whereas the Lawyers» Insurance Association of Nova Scotia (LIANS)
insures lawyers against losses arising from certain errors or omissions during practice, the Lawyers» Fund for Client Compensation covers eligible losses arising from a lawyer's theft or fraud.
[The following is the text of a Fraud Alert LAWPRO sent to
all its insured lawyers on June 30, 2017, updated with email addresses used by fraudsters from further reports we have received.
(ii) Allowing tailored coverage and payment options: Providing lawyers individually their insurance coverage and payment options to meet their particular practice needs, while maintaining reasonably consistent coverage and options amongst
all insured lawyers (see below in terms of the areas where even in the primary program firm - wide consistency is required);
However, real estate claims based on the registration of fraudulent instruments under the Land Titles Act where the claim would otherwise be excluded from coverage due to the dishonesty of
the insured lawyer — the risk targeted by the Real Estate Practice Coverage Option (REPCO)-- have turned out to be rare.
The essence of REPCO coverage is to compensate for a specified type of fraud by
the insured lawyer.
Some malpractice carriers will insist that
an insured lawyer retain a copy of a client file (or certain portions of it) for a period of time.
In 2015, 98.8 per cent of
our insured lawyers filed electronically helping us reduce the amount of paper used in our renewal process.
In some cases, LAwPRO counsel can help
an insured lawyer head off a lawsuit by «repairing» an error (e.g., by assisting with a motion to reinstate a dismissed action to the trial list) or take steps that substantially reduce the losses that an error might lead to.
LawPRO levied
its insured lawyers but most lawyers, I believe with blessing from the LSUC (LawPRO's sole shareholder), charge the levy as a disbursement.
«While the notice - of - reduction - in - a-renewal-policy rule is a favorable one that policyholders should press when presenting or litigating claims against their insurance company, it can not do so unless the policyholder's counsel is aware of this particular rule; if not, then the insured's lawyer better be
an insured lawyer.»
Will PBO adopt the program and then seek LawPRO approval, such that
insured lawyers may become eligible for waivers of deductibles and CHLS, and exempt lawyers can rely on their run - off coverage (to the extent an individual lawyer has run - off coverage available) for some protection?
That memo also contains the annual reminder to practising,
insured lawyers to «Speak now or forever hold your peace» with respect to known or potential claims.
By offering coverage within the framework of our agreement with PBO, LawPRO is able to balance support for access to justice with fairness to
the insured lawyers who fund our program.
Note that the exemption for corporate in - house counsel does not apply to
insured lawyers that are under secondment from a law firm.
Insured lawyers are free to serve pro bono clients in any context they wish.
However in rare circumstances, a member of the public may interpret the information provided as being individual legal services from
the insured lawyer speaker.
In this type of phantom client scenario, if a claim develops there could, depending on the circumstances, be coverage under
an insured lawyer's program policy, with relevant terms regarding deductibles, claims history levy surcharges, and so forth potentially applying.
All insured lawyers in Nunavut are required to report to the Alberta Lawyers Insurance Association (ALIA) as soon as possible after learning of a claim or becoming aware of circumstances that might give rise to a claim.
Lawyers» Professional Indemnity Company (LawPRO) was created to
insure lawyers against legal malpractice claims.
Insured lawyers who begin or leave the practice of law part way through the year are eligible to pay a pro-rated premium, subject to will be reduced to a minimum premium based on 30 days» coverage, down from 60 days.
Does LawPro owe a duty of confidentiality to
an insured lawyer when it comes to disclosing materials relating to that lawyer to the Law Society for regulatory purposes?
Our primary goal when we started posting bad cheque fraud warnings was the protection of LAWPRO -
insured lawyers, most of whom reside in Ontario.