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Issue 41 | September 2016

LIANSWERS

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.
Registration open for LIANS' 2016 Fall Conference
  • “Changes in practice under the LRA”; “Removal of interests by operation of law”; “How land titles work in New Brunswick”
  • “Duty to report: Assistance for colleagues in mental health crisis”
  • “Assisted dying legislation and palliative care issues”
  • “Top Risk and Practice Management Tips 2016”
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Limitation of Actions Act: s.23 transition provision

This is a reminder that the new LAA is in effect. If you are acting for a client on a pending claim and you have not yet started legal proceedings, be mindful of s.23 and determine whether the old or new limitation period applies.

If the claim was discovered before September 1, 2015, s.23 will apply ...

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Avoiding rule 8 (Default judgment) claims

Claims related to Rule 8 of the Nova Scotia Annotated Civil Procedure Rules arise when it is alleged that the dismissal of a claim was due to the lawyer’s negligence.

Dismissal claims due to administrative errors are often preventable, and can become less likely if the following measures are taken ...

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Removing hidden personal data (metadata) from Word documents

Potentially privacy-compromising metadata such as hidden comments from reviewers, revision marks from tracked changes, details about the author, date when a document was created, headers, footers, watermarks, hidden text, or even custom XML data can easily be cleared from a document.

To use Microsoft's (free!) "Document Inspector" for removing metadata, simply open the Word document you want to share ...

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LIANS’ online forums for real estate, family law and solo/small firms

LIANS' online forums “Small Talk”, “The Family Room” and “Real Estate Assistants Forum” are provided to enable sole practitioners and small firm lawyers; family law lawyers; and real estate assistants to connect and share information.

Practitioners in these areas are able to share collective professional knowledge and experience, provide a sounding board, and connect in a secure system ...

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Dealing with workplace bullies

While there have always been workplace bullies, organizations are now recognizing the devastating effects such people can have on morale, turnover, short- and long-term disability leaves, productivity and employee retention.

The following are some examples of bullying behaviours ...

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Playing devil's advocate & proofing the "proof": Reducing challenges to a will

When preparing wills, it is important to consider your overall strategy to reduce the risks.

Wills and estates can be a minefield of hidden details, where playing devil’s advocate with your client’s relationships and systematic proofreading will help reduce that risk ...

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Trust account cheque fraud: Are you running regular bank reconciliations?

LIANS receives regular reports of fake and altered cheques sent to practices all over Nova Scotia in scams designed to debit a lawyer’s trust account.

Although most financial institutions have sophisticated their security processes in recent years, bank reconciliations are still required monthly under the Legal Profession Act regulation 10.4.2(ii), to protect your trust accounts and warn you when fraudulent cheques have tested the system.

Shortfalls worth tens of thousands of dollars have occurred despite blatant forgeries of firm trust cheques being used in the transactions.

Here's how to protect yourself ...

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Succession planning: What to consider when closing and/or transferring a law practice

Here's how to avoid the chaos, the added expense, and the tremendous stress that will result unless you begin to put a succession plan in place.

When winding up a law practice, here are some elements and resources to consider, in compliance with NSBS requirements ...

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Receive decisions and legislation updates from CanLII

CanLII (an open access database for Canadian legislation and case law) offers a comprehensive list of RSS feeds for decisions and legislation from federal and provincial courts and tribunals.

Here's how to receive automatic updates ...

 

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Build your network with LIANS' Mentorship program

Looking for opportunities to network, share professional knowledge and skills, and receive support from the Risk and Practice Management program?

Become a Mentor or Mentee!

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