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Issue 71 | September 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.
Save the Date: LIANS and NSBS Solo and Small Firm Virtual Conference, November 24th, 2021

Join us online on Wednesday, November 24th, 2021 for the 13th annual Solo and Small Firm Conference, hosted by LIANS and NSBS from 9am-4pm. Sessions may be eligible to count towards your annual CPD. We know that many attendees at past conferences also use this event to see old friends and meet new ones. Regrettably, the pandemic still does not allow us to have an in-person event this year and so, like last year, we are hosting this year’s event at no charge to attendees.

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

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Standard Form Releases and Confidentiality Clauses (and Other Terms)

A question.

When settling a matter out of court, if confidentiality is important to you, and your standard form of release contains a confidentiality clause, is it enough to simply agree or assume that the parties will sign your standard form of release? It would seem that the answer to that question is no ...

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LIANS Seeking 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 and practice areas for its Mentorship Program, including Family, Civil Litigation, Immigration, and Wills & Estates.

Participation could be eligible as a CPD activity ...

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New Standards: Wills, Powers of Attorney and Personal Directives

In 2019, Council established this new Standards committee and has now approved its first two Standards.

The first discusses Income Tax considerations and the second Revocation. These new Standards are now posted ...

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Title Insurance: Available Additional Coverage for Property Practitioners

Property practitioners often recommend Title Insurance to clients purchasing property, it often being a requirement for lenders in any event. Though for the protection and benefit of the purchaser, Title Insurance also benefits the lawyer as the claims often arise from alleged errors or steps taken (or not taken) by the lawyer that affect title. But what does a lawyer do if there is a Title Insurance policy in place, but the client declines to make a claim under it choosing instead to bring the claim against the lawyer directly?

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NSLAP WELLNESS: Mental Illness Awareness Week (Oct 3-9) and World Mental Health Day (Oct 10)

In recognition of Mental Illness Awareness Week (October 3rd-9th) and World Mental Health Day (October 10th), Homewood HealthTM launched a digital campaign on October 3rd. Given the nature of their services, along with the pandemic and the increase of mental health care demands, the objective is to bring additional awareness to the challenges and stigmas facing those with mental illnesses and how to better understand the signs and offer ways to help.

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FRAUD ALERT: NS Lawyers Websites, Contact Information "Spoofed"

New instances of an old website spoofing scam have been reported by Nova Scotia lawyers. The basics are these: individuals are contacted by email or paper mail by what appears to be lawyer looking to complete a transaction or notice of inheritance, who provides a seemingly legitimate website and contact information for their “firm”. After "proving" their existence, the scammer from the bogus firm then begins a fraudulent trust cheque, certified cheque, bank draft, “administration fee”, or other transaction looking to debit the lawyer's trust account; or simply to have them download a virus to their system.

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On The Importance of File Notes and Records and Confirming Client Instructions

We often speak of the importance of you making notes of client interactions so when a decision comes down that does the same, we think it worthwhile to quote it. From the recent decision of the Ontario Court of Appeal in R. v. Trought, 2021 ONCA 379 ...

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LIANS Releases Annual Report 2020

LIANS' 2020 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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