Acting as a mentor

LAWPRO believes that mentoring can reduce claims.

To encourage mentoring in the legal profession, LAWPRO has undertaken several initiatives, including publication of the managing a mentoring relationship booklet. More resources can be found on the managing a mentoring relationship page of the practicePRO website (www.practicepro.ca).

To address the insurance-related concerns of lawyers, we have clarified the treatment of surcharges that arise when a claim is made against a lawyer.

Specifically, the Lawyers' Professional Indemnity Company will waive any deductible and claims levy surcharge on any claim made against a lawyer mentor arising out of a mentoring relationship, provided that:

• the mentor and mentee agreed to enter into a formal mentoring relationship, as evidenced by a written document of some kind;
• the mentor had no contact with the mentee's client that would create a solicitor/client relationship; and
• the mentee understood that she/he was responsible for individually and independently satisfying her/himself of the soundness of any suggestions, recommendations or advice-like comments made by the mentor.

The written document evidencing the relationship does not have to be a formal signed mentoring agreement. It can be as simple as an e-mail acknowledging the relationship and the three terms listed above. The managing a mentoring relationship booklet contains a precedent of a simple mentoring agreement.

See also the FAQs section of this website.