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Issue 69 | May 2021


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, 2021

Your insurance policy requires that you report a claim (or potential claim) to LIANS 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. These are conditions of your policy. The current policy period ends June 30, 2021 ...

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LIANS’ Insurance Levy for 2021-2022

The net levy for the policy year commencing July 1, 2021 is $1,944 for each full practising Member, $972 for Nova Scotia Legal Aid lawyers and $350 for Nova Scotia government lawyers. In the case of full practicing lawyers, this represents an 8.2% reduction from last year.

In addition, the Board of Directors has approved a further $100 credit for eligible full practicing lawyers. To be eligible to receive this credit, the lawyer ...

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Know Your Limitations: Visit LIANS' Table of Limitation Periods

Stay up-to-date with the newest or amended limitation periods within bills passed by the Nova Scotia Legislative Assembly, and view a compiled chart of those previously passed ...

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FRAUD ALERT: Recent Cyber Attack on NS Lawyer

Earlier this year a Nova Scotia sole practitioner received, in her email inbox, a note attaching confidential client information, threatening her and demanding a $50,000 ransom. Though there was a favourable outcome in the end, getting there took time. That process sheds light on how this preventable cyber attack occurred.

To avoid something like this from happening to you, some tips from the lawyer herself ...

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CLIA Voluntary Excess Program: 2021/2022 Excess Insurance Renewal

With the approach of the July 1st VEP renewal date, this is an opportunity for you to review your risk portfolio and determine if you have sufficient coverage.

It is important that you renew your coverage before the end of the policy year (June 30th) to avoid gaps in coverage that may leave you unnecessarily exposed to the risk of uninsured liability ...

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NSLAP WELLNESS: Managing Teams Remotely

"We expect many things to go back to normal once the COVID-19 pandemic is truly over. However, some workplaces will continue to embrace the remote work model because they find that it works for them.

This article will explore ways to optimize working conditions for individuals who find themselves working at home more often. We will use recent data to answer common questions about trust, productivity, engagement, and mental health for remote teams."

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Ineffective Assistance of Counsel Claims – Allegations in Criminal Representation

We often speak about the importance of file notes, reporting letters and written instructions that document your decisions and client interactions. Because we see criminal law ineffective assistance of counsel claims, we are in the unique position of seeing the various allegations raised.

What follows, in no particular order, are the more common ineffective assistance allegations we see, many claims alleging several ...

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LIANS Needs Mentors!

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, including Family, Civil Litigation, and Wills & Estates.

Participation could be eligible as a CPD activity ...

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Shine a Light: Where and When Has Your Data Been Compromised

In using sites like LinkedIn, Gmail, DropBox, and Hotmail in recent years, you’ve been made to change your account passwords – and for good reason. Once a site/server breach occurs, any personal information captured on those sites (e.g. email or civic addresses, birthdate, etc.) can be released or used by hackers.

Here's how determine when and where your credentials have been compromised ...

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Resources for Drafting a Limited Scope Retainer Agreement

We are seeing more and more lawyers performing work on a limited scope retainer (LSR) or ‘unbundled’ basis – namely performing only a portion or specific aspects of the work on a larger legal matter.

Unbundling your services for your clients can be risky. Resources to manage these risks include ...

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