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Issue 46 | July 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.
Save the date for LIANS' Annual Conference: November 23rd, 2017
Join us Thursday, November 23, 2017 for LIANS' 9th 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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LIANS’ Insurance Levy for 2017-2018

The 2017-2018 LIANS Insurance Levy was approved by the LIANS Board of Directors on April 25, 2017.

The net levy for the upcoming year is $1,875 for each practising private practitioner, $937 for Nova Scotia Legal Aid lawyers and $350 for Nova Scotia government lawyers. This represents a decrease from last year for private practitioners and legal aid lawyers, and remains below the $2,119 true cost of insurance.

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FRAUD ALERT: Bank transfer scam using “spoofed” email address

Be advised that numerous Nova Scotia lawyers and/or their staff have received the following type of “spoofing” email scam attempt (emails that falsely appear to be sent from an individual’s email account).

In this scenario, a lawyer or staff person will receive an email appearing to be from a colleague who is out of the office, requesting assistance in making a payment or wire transfer to a domestic or international financial institution ...

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ALERT: Limitations of Actions Act transition period ending soon

Effective September 1, 2015, the new LAA created a limitation period of two (2) years for most claims. The transition period is coming to an end.

This means that many claims that arose prior to September 1, 2015, will expire on or before September 1, 2017 ...

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Contingency fee agreements

A recent decision from the Ontario Court of Appeal (Hodge v. Neinstein, 2017 ONCA 494) upheld a Divisional Court ruling that certified a class action lawsuit against personal injury law firm, alleging that the firm’s contingency fee agreement with clients did not comply with the province’s Solicitors Act.

You should review your contingency fee agreements to ensure that both your agreement and methodology in this area comply with all applicable rules and legislation, including ...

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LIANS' 2017 – 2018 Policy

By now you (or if you practice in a firm with a designated lawyer, your firm’s designated lawyer) will have received, by email, two notices describing LIANS' new insurance policy. As access to the policy is limited to practising insured members of the Nova Scotia Barristers Society, a copy was attached to the second notice.

If you or your firm’s designated lawyer did not receive the notices, please contact ...

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Duty of care to non-clients

In Chegancas v. Godo, the Ontario Superior Court recently dismissed a summary judgment motion filed by real estate lawyer, Christian Piersanti, requesting that an action filed against him by a non-client, lender Arcanjo Chegancas, be dismissed ...

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Uncovering the faces of anxiety

Approximately three million Canadians have an anxiety disorder and approximately one-in-four will suffer from an anxiety disorder in their lifetime. Anxiety disorders have a major impact on the lives of those affected.

Having a better understanding of what anxiety disorders are, how they manifest, and techniques that can be used to manage anxiety, can help us support ourselves and others in minimizing anxiety symptoms ...

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LIANS releases Annual Report 2016

LIANS' 2016 Annual Report presents an overview of its activities and financial performance over the last year, and outlines our direction for future initiatives ...

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Connect, benefit with LIANS' Mentorship Program

Looking for opportunities to network, gain knowledge about practice management issues, and receive support from the Risk and Practice Management program? Consider becoming a Mentor or Mentee!

The Mentorship Program offers the following advantages and opportunities ...

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