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Issue 43 | January 2017


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.
Discounts now available for ABA TECHSHOW 2017

Join us for ABA TECHSHOW 2017 Conference and EXPO (March 15-18 in Chicago), where lawyers and legal professionals learn to practically, and ethically, implement and integrate technology into their practice to enhance client service and gain efficiency.

ABA TECHSHOW is formatted for “Beginners through to the Techiest of Techies”. This year’s topics include, but are not limited to ...

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"Staying mobile": Unperfected security interests on mobile homes

Many practitioners act for banks and other financial institutions in taking security where their client purchases a mobile home. A mobile home is a serial numbered good. When purchased as a residence, it is a consumer good.

Where the security is found to be unperfected, a claim against counsel soon follows ...


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Self-care for a sandwiched generation

More and more people are finding themselves caught between conflicting demands of taking care of aging parents or other relatives, while at the same time raising children (and sometimes grandchildren).

If you are one of these people, it’s likely that you put others first and tend to neglect your own health and well-being ...

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"Caught in the middle": PPSA registration name requirements

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.

The failure to include a debtor’s middle name could compromise the security interest ...

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Estate trustees play nice or pay the price

"A recent decision of the Ontario Court of Appeal is a wake-up call for estate trustees and other fiduciaries ... [E]state trustees and attorneys involved in estate litigation can no longer assume that their costs on a full-indemnity basis will be paid out of the estate or property of the incapable person if their claim for costs is excessive or if their conduct is unreasonable and motivated by self- interest. In other words, play nice or pay the price ... "

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Connect with peers via LIANS' online forums

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

Share collective professional knowledge and experience, provide a sounding board, and connect in a secure system ...

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"Feeling a draft": Avoid emailer’s remorse

We’ve all done it – that cringey moment when you realize you’ve sent an email rife with typos and/or awkward phrasing, neglected to include an attachment, or left the subject line blank. Or worse, you’ve sent an email that gives private information to unauthorized parties.

Avoid these mistakes by following this composition order ...

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Limitation periods reduced under the new LAA

The amended Limitation of Actions Act was proclaimed September 1st, 2015. For claims other than sexual assault or domestic abuse, the limitation period will be the earlier of the old limitation period or September 1, 2017 (two years from September 1, 2015).

Lawyers are reminded to continue to track limitation dates carefully and to file their actions on time to avoid claims against them.

Use LIANS’ resources to help you stay on track ...

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Subscribe to CanLII for automatic legislation and decision updates

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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