• Introduction: The Threat is Real
• The Hard Facts: Litigation Claims Exceed Real Estate Claims
• The View from the Trenches: Aggressive Behaviour, Poor Communication Prompt Claims
• The Changing Practice Climate
• Ride out the litigation tidal wave with tools and resources from practicePRO

The world in which lawyers practise is more complex, lawyers are held to a higher standard and claims against litigators are on the rise. Read more

The Hard Facts: Litigation Claims Exceed Real Estate Claims

Litigation claims now outpace real estate claims both in numbers and costs. More than 60 per cent of litigation claims arise from litigation-related practice. Lawyers who are litigation specialists cause the most claims. And most claims stem from a breakdown in the lawyer/client relationship. View charts

The View from the Trenches

Introduction: Aggressive Behaviour, Poor Communication Prompt Claims
Deteriorating lawyer conduct, characterized by an increase in aggressive, self-motivated behaviour and poorer communications are the root cause of an increase in litigation claims according to five litigators interviewed for this special report. Read more

Manage, Don't Feed Client Expectations
David Scott of Borden Ladner Gervais and Wendell Wigle of Hughes, Amys suggest lawyers often set themselves up for failure by feeding rather than managing unrealistic client expectations. Read more

• Three Key Issues to Cover: How to manage client expectations in three areas: prospects for success; anticipated costs; and timing. Read more
• Getting it Right . . . By Managing Client Expectations Effectively: A practicePRO checklist. Read more

Speak Out and You May Eat Your Words
It's a potent combination: Lawyers are more willing to speak their minds, verbally and in written communications; clients want to use the media to advance their causes; and parties allegedly wronged in the process don't hesitate to seek revenge through the courts. The result, says Joyce Harris, a veteran of libel and slander practice, is an exposure to claims that many lawyers do not fully appreciate. Read more

• Getting it Right . . . By Limiting Your Exposure to Libel and Slander Claims: A practicePRO checklist. Read more

Your Liability for Costs: Rule 57.07
Although designed to help rein in outrageous and egregious lawyer behaviour, Rule 57.07 is very much a double-edged sword that presents significant potential exposure for all parties, including the moving lawyer suggest Brian Brock of Dutton, Brock, MacIntyre & Collier and Nancy Spies of Stockwood, Spies. Read more

• Getting it Right . . . By Avoiding Rule 57.07 Claims for Costs Personally: A practicePRO checklist. Read more

The Changing Practice Climate
Many external factors have made legal practice more complicated, less predictable and often more risky. Read more

Ride out the litigation tidal wave with tools and resources from practicePRO
practicePRO provides you with eight basic strategies - and numerous tools and resources -- to help you effect change in your law practice and reduce your risk exposure. Read more