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Issue 58 | July 2019


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: LIANS and NSBS Solo and Small Firm Conference, Nov 7, 2019

Join us Thursday, November 7, 2019 for the 11th annual Solo and Small Firm Conference, hosted by LIANS and NSBS from 9am-4pm at the Hotel Halifax. Sessions may be eligible to count towards your annual CPD. Complimentary parking included.

Stay tuned to and for additional conference details and registration information.

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Setting the record straight: The importance of making notes

The Ontario Court of Appeal recently upheld a trial court’s decision dismissing a claim in negligence made against an insurance broker. One issue at trial and on appeal was when the insured advised the broker of the loss. If the insured was believed the broker would have been negligent for not giving notice to the broker within the limitation period. If the broker was believed, the insured gave it notice after the limitation had passed.

The importance of making notes of client meetings and conversations goes without saying. They are important not just for lawyers but for all professions who can be sued in negligence.

Sometimes reviewing a case from another profession lays out this importance ...

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Beat the clock: Docketing your time

Something that is always helpful to the person assessing your account, and it follows you, is time dockets. Not having proper time dockets is an issue that often comes up in taxations and can have an adverse effect on your account.

As recently stated by the Ontario Court of Appeal ...

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LIANS releases Annual Report 2018

LIANS' 2018 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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FRAUD ALERT: Trust account shortfall in old-fashioned cheque scam

We get so wrapped up in new frauds, particularly frauds that arise from technology, that we sometimes lose sight of the old-fashioned frauds that have been around for a long time.

All we can say is that they are still around.

And they still work ...

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LIANS seeks two new board directors

With retirements, LIANS is seeking expressions of interest to fill two vacancies on its Board of Directors commencing January 2020.

Interested Members practicing anywhere in the province are welcome to apply ...

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New 2019-2020 mandatory policy

You, or the designated lawyer for your firm, will, in the next couple weeks, receive a copy of your CLIA insurance policy for the policy year commencing July 1 2019 through July 1, 2020.

The new Policy No. is 32000, and there are some changes to Parts A and D from last year ...

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LIANS’ Insurance Levy for 2019-2020

The 2019-2020 LIANS Insurance Levy was approved by LIANS’ Board of Directors on April 23, 2019.

The net levy for the policy year commencing July 1, 2019 is $1,995 for each practising private practitioner, $998 for Nova Scotia Legal Aid lawyers and $350 for Nova Scotia government lawyers. These amounts are unchanged from last year and, in the case of private practitioners and legal aid lawyers, remains below the true cost of the insurance.

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NSLAP WELLNESS: Recovering your mental health

Recovery from a period of poor or challenging mental health isn’t instant, and it’s something that will always be with you: 'It is important to remember that recovery is not synonymous with cure.'

For recovery to be successful, you need to embrace actions that will help you heal. Here are things you can do to help find what feels right for you ...

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Mentors needed

Do you have a minimum of nine years of experience and are interested in volunteering your time to provide support and guidance to another member?

LIANS is currently seeking mentors of all backgrounds for its Mentorship Program, specifically in the areas of Family law, Corporate/Commercial, Wills and Estates, and Criminal law.

Participation could be eligible as a CPD activity ...

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Not LOL: The pitfalls of texting with clients

Beware the pitfalls of using texting as a means of communication with clients.

A series of texts can be easily lost forever, and the quick convenience of texting could find you glossing over crucial information between you and your client ...

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