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Issue 73 | January 2022

LIANSWERS

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.
The Best Offense: Protecting Against Cyber Vulnerabilities

The vast majority of law firms in this province are small businesses. A recent study sampled small businesses in both Canada and the U.S. for website vulnerabilities. The results from the Canadian law firm sample are that 85.5% had spoofing vulnerabilities, 81% had clickjacking vulnerabilities and 40% had sniffing vulnerabilities.

Overall, law firms in Canada were three times more likely than a firm in the U.S. to have these vulnerabilities ...

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Medical Evidence in Personal Injury Claims

Plaintiffs’ counsel in personal injury matters should note the caution from the Court in the opening paragraphs of the recently reported Decision of Norton, J. in Johnson v. Touchie, 2022 NSSC 3.

Failure to heed Norton. J.’s caution could result in medical evidence tendered without compliance with the Civil Procedure Rules being found inadmissible ...

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Avoiding Default Judgment (Rule 8) Claims

Claims related to Rule 8 of the Nova Scotia Civil Procedure Rules arise when a judgment is entered by default due to a defence not being filed.

Dismissal claims due to administrative errors are often preventable, and can become less likely if the following measures are taken ...

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Reducing Risk and Improving Client Service in 2022

Especially during times like the ongoing pandemic, successful practitioners provide excellent client service by managing expectations from the outset, and take the time to explain the legal process, the range of possible outcomes, communication policies, and the billing process with their client. They pay attention to detail, and they effectively screen clients whose expectations they feel they cannot be met. It is very important to determine your client’s degree of sophistication – and it is not enough to say that client didn’t ask ...

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Confirmation of Property Insurance for Lenders

If you act for lenders, either on a refinance or purchase, you know that their instructions will often include you providing confirmation of property insurance with appropriate coverage and limits.

You should not assume what those instructions are, but review them each time so that when you receive confirmation of insurance, you can make sure it includes the confirmations your lender client requires you to provide ...

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NSLAP WELLNESS: Forms of Privilege

Having "everyday privilege" is an opportunity to speak up on behalf of those without it and to amplify their views. “I’m not privileged! I worked hard for what I have! I didn’t have everything handed to me.”

The reality is, you can still experience rough times, struggles and have to work hard for your success, and still have privilege. Hardships and struggles that people face are all legitimate. But some people have privileges that no amount of hard work will make up for ...

 

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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 for its Mentorship Program, specifically in the areas of Immigration law, Corporate/Commercial, Administration, and Municipal law.

Participation could be eligible as a CPD activity ...

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Time to Reconsider: Force Majeure Clauses in Contracts

In the face of an ongoing event like COVID-19, issues rarely considered often arise. One such example is the force majeure clause in contracts. Clients may ask if they can rely on it in this circumstance to end or renegotiate a contractual relationship.

Contracts often have clauses dealing with this situation. Even if they are considered, chances are it is in the context of the usual events that can give rise to force majeure such as weather and war ...

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