Insurance and risk management services for the better practice of law

Firms that implement a Cybersecurity Incident Response Plan are better positioned to mitigate the effects of a cyber-attack and fulfill their responsibility to protect their clients, their practice, and their reputation.

This article covers what such a plan entails, why they're necessary, and some steps towards developing an effective one for your firm.

In historic institutional child abuse claims, we are continuing to see requests by some defendants for plaintiff’s solicitors to provide an independent solicitor certificate on settlement of the plaintiff’s claim.

The certificates typically contain statements to the effect that the solicitor acting for the plaintiff has explained to the plaintiff the purport and effect of the settlement deed, the plaintiff appeared to have understood that advice, and that the deed was signed voluntarily.

In this LPLC article we explain why providing certificates in these cases is risky, and recommend that practitioners decline any requests made to do them.

Law firms handle a vast amount of sensitive client information, making them prime targets for cyber-attacks.

An effective control in managing this risk is the deidentification or deletion of data once it is no longer required.

Our September LIJ article outlines what practitioners should do to maintain best practice when deleting and retaining electronic files, and provides some tips on proactive risk management.

There are many reasons why a lawyer should decide to end a retainer. Knowing when to part ways with a client and how to do it, is an important part of your risk management toolkit.

Our article covers some of a lawyer's ethical duties and practical steps to consider when ending a retainer, and provides some risk management tips to help navigate these matters.

LPLC is seeing instances where unintentional terms contracts are being created and signed without the vendor’s solicitor being consulted.

When acting for the vendor, practitioners should always check the contract for any amendments made to the standard form document, and if a terms contract has been created, advise clients on the implications and risks.

Our article addresses the risks associated with contracts that are completed and executed by the agent and/or parties without the further involvement of the vendor’s solicitor.

Legal practitioners are obliged to provide clear advice to clients in terms that can be understood. Clear and effective communication can sometimes be difficult when there are language barriers.

A failure to take reasonable steps to ensure legal advice is interpreted into the client’s first language can amount to a breach of a practitioner’s duty of care.

Our August LIJ article outlines some issues and risks for practitioners to be mindful of when acting for clients who do not speak English as a first language and provides some tips to safely navigate the use of interpreters and translators.