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Issue 51 | May 2018


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.
Report all claims within the policy year by June 30, 2018

You must report a claim (or potential claim) as soon as practicable after learning of it or becoming aware of circumstances that might constitute an occurrence or give rise to a claim, however unmeritorious.

You must report that claim (or potential claim) within the policy period in which you become aware of it. This is a condition of your policy. The current policy period ends June 30, 2018 ...

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Digital Privacy Act amendments in force November 1, 2018

For organizations governed by PIPEDA (including NS law firms), the legislative amendments enacted by the Digital Privacy Act for data breach reporting and notification will be coming into force November 1, 2018. Part D - Cyber Liability Coverage of your LIANS mandatory liability policy includes Privacy Breach Notification and Mitigation Expense Coverage. To understand your obligations in the event of a data breach, you should review your LIANS policy and the scope and limits of the coverage we provide ...

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Discuss and learn 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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Benefits of Voluntary Excess Professional Liability Insurance

As the value of client matters and transactions increases over time, so too does the need to secure adequate levels of errors and omissions insurance.

One large claim could quite quickly erode the primary policy, leaving you or your firm exposed to significant personal liability ...

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"No middle ground": PPSA requires full name

When registering a security interest against an individual under the Personal Property Security Act, Regulation 20(1) requires the inclusion of the debtor’s middle name as part of the registration.

Failure to include a debtor’s middle name could compromise the security, particularly if the debtor declares bankruptcy ...

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Mentorship: A bilateral exchange of skills

Mentoring in the legal profession is a time honoured means of maintaining and enhancing professionalism and lawyering skills.

Mentors receive the satisfaction of helping someone grow and succeed in the practice of law while mentees benefit from the opportunity to receive regular encouragement and support, explore new ideas and alternatives, and develop new contacts and networking opportunities. ...

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NS Gov offer incentives to hire new graduates

Would you like to hire a recent graduate as a new associate, but question whether you can afford to fund a reasonable salary to help them gain the necessary experience as they establish their practice?

The Nova Scotia Graduate to Opportunity (GTO) program might just provide the incentive you need ...

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Experiencing acts of violence or terrorism

The trauma caused by acts of violence can and most often will have a significant emotional impact on people. The combination of atrocity and magnitude of the event, coupled with its unpredictability, will often lead to an intense feeling of vulnerability for our own safety and the safety of others. Experiencing major traumatic events typically result in a range of moderate to overwhelming anxiety and stress reactions for those individuals directly impacted. Some of the more common reactions you might experience could include ...

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Save the date for LIANS' Annual Conference: October 25, 2018

Join us Thursday, October 25, 2018 for LIANS' 10th annual Risk and Practice Management Program conference from 9am-4pm at the Delta Halifax. Sessions may be eligible to count towards your annual CPD. Complimentary parking included. Stay tuned to for additional conference details and registration information ...

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Managing risk: What to consider when drafting an LSR agreement

More and more lawyers are performing work on a limited scope retainer (LSR) or ‘unbundled’ basis – namely performing only a portion of the work on a larger legal matter. The approach can force clients to make decisions on legal matters with which they are unfamiliar – while doing so from within an unfamiliar system. Resources to manage these risks include ...

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