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Issue 76 | July 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.
FRAUD ALERT: Lawyers Everywhere are the Victims of Cheque Frauds

This scammed law firm is out $200,000 after it agreed to collect a $199,550 debt for what it thought was a tool company in Florida. After the lawyer demanded payment from a person purporting to represent the debtor, the firm received a cheque for the full amount of the debt owed. When the deposited cheque was found to be a forgery, the full amount was deducted from the firm’s operating account, with the bank holding the firm responsible for the loss. The law firm sued the bank, but the court agreed with the bank ...

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Email Security and the Mandatory Cyber Insurance Coverage (Part 2)

Following up on our July 14, 2022 note on the cyber insurance renewal, we have now heard from some of you that your email providers do not offer Multi-Factor Authentication (MFA) on your accounts. MFA coupled with email filtering and strong passwords has proven to be effective at preventing this form of breach. These are now viewed by cyber insurers as minimum standards of protection that businesses, including law firms and lawyers, should have in place.

If you are using a service provider that does not offer MFA or email filtering, it is strongly recommended that you migrate to a service that does. Services that include and support these features are Microsoft 365 and Google’s ‘Gmail for Business’.

It is unfortunate that some email providers do not provide these features as some of you may have been using those services (and addresses) for many years. Though they may offer these features in the future, the fact is that over the last few years, the risks to law firms of not having these protections has increased exponentially.

 

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Life's A Breach: How to Determine if your Online Account Has Been Compromised

Due to rampant security breaches in recent years, most commonly-used services and sites such as LinkedIn, Gmail, DropBox, Hotmail, Adobe, etc. have required you to change your passwords – and for good reason. Most internet users have by now been affected by a site/server breach, and personal information captured on those sites (e.g. email or civic addresses, birthdate, etc.) can be released or used by hackers, putting you at risk ...

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NSLAP WELLNESS: Creating a Healthy Workplace [post-Pandemic]

"After the quick COVID-19-related pivots that many organizations experienced during the pandemic, employers have gradually invited employees back to work on-site. But that doesn't mean a return to the way things were in 2020, just before many businesses went remote ... Employers should embrace the chance to re-imagine the roles they play in creating and fostering healthy work environments." Benefits can include increased productivity and engagement, lower absenteeism, and overall healthier employees.

 

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The Importance of Notes: It’s Not Just for Lawyers, It's Good Business Practice

In the recent Manitoba decision of Funk et al. v. Aviva Insurance Company of Canada et al., 2022 MBQB 149, the Court granted the defendants’ summary judgment motion and dismissed the claim. The Court held that the defendants exercised the appropriate standard of care and as such there was no genuine issue for trial. Notes made during your handling of a file certainly help in defending a claim, but a lack of notes will not make a matter indefensible. Evidence of your regular practice can be equally helpful ...

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Buy Some Time: 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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LIANS Seeks 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, Wills & Estates, Real Property, Corporate/Commercial, Administration, and Municipal law.

 

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Naming Names: PPSA Registration Name Requirements

When registering a security interest against an individual under the Personal Property Security Act, Regulation 20(1) requires the inclusion of the debtor’s middle name as part of the registration.

The failure to include a debtor’s middle name could compromise the security interest ...

 

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