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Issue 77 | September 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.
Save the Date: LIANS/NSBS Annual Virtual Conference, November 24, 2022

Join us Thursday, November 24th, 2022 for the 14th annual Solo and Small Firm Conference, hosted virtually by LIANS and NSBS, from 9am-4pm.

Sessions may be eligible to count towards your annual CPD requirement ...

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Protect Yourself: Know what you are Witnessing and Notarizing

As lawyers, many of us make appointments with members of the general public who just want to you witness their signature or notarize a document.

Some of us may not necessarily look at what the document is since, after all, you are just swearing a signature and not making any representations as to the content of the document itself ...

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LIANS Releases Annual Report 2021

LIANS' 2021 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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Buyer (or at Least the Non-Resident Buyer and Their Lawyer) ... Beware

LIANS wanted to ensure that members are aware of the pending federal Prohibition on the Purchase of Residential Property by Non-Canadians Act, which was passed on June 23, 2022.

It will come into force on January 1, 2023, and, subject to any extensions or amendments, will be in effect for 2 years ...

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What is Practice Management Software and Do I Need It?

Members sometimes ask us about practice management software, what should lawyers look for or whether we endorse a particular product (we do not). We know it is challenging for sole practitioners and small firms to review these programs to determine what they are actually getting versus what you think you are getting.

Buying the wrong software could end up costing you time, money and aggravation. Here is an article that might provide some assistance ...

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NSLAP WELLNESS: Understanding Mental Health and Mental Illness

"The way we describe our mental health adjusts regularly. It’s less of a scale where the measures are perfectly balanced or tipped in one direction. We can be kinder to ourselves if we consider mental health more as a track with different stops along the way, where you can move fluidly in either direction. Since it’s not static, your mental health will go back and forth along the track throughout your lifetime ..."

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In the Nick of Time: Review Your Active Files

Now that COVID-19 restrictions have eased and business has returned to a new “normal”, it is prudent to do a review of active files to ensure that any statutory or procedural deadlines have been properly diarized and will be brought forward on time.

Flexible work arrangements – including fewer face-to-face interactions and less in-person support – means that it can be easy for some of the usual checks-and-balances to slip a bit ...

 

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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 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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Perfect Strangers: Unperfected Security Interests on Mobile Homes

When a mobile home owner subsequently makes an assignment in bankruptcy, Trustees examine all registered security interests and will aggressively reject a secured claim if, in their opinion, it was not properly perfected prior to the bankruptcy.

An unperfected security interest is not effective against a Trustee in Bankruptcy when the security interest is not perfected before the bankruptcy. A failure to do so will render the security unperfected ...

 

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Sense of Direction: Pitfalls of Acting on a Board of Directors

As a lawyer, you may be asked to join, or on your own decide to join, the Board of Directors of an organization, be it a for-profit company, a not-for-profit organization or even a condominium. Your law firm may ask you to sit on client’s Board.

As lawyers, our skills, expertise and insights are often valued by Boards, something to be taken as a compliment. Before accepting these positions, you should understand your potential risks ...

 

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