Even the best lawyers make honest mistakes or can face a baseless allegation from a client that is suddenly unhappy due to unexpected events or changed circumstances.
LAWPRO’s claims statistics indicate that four out of five lawyers can expect to have at least one malpractice claim in the course of their career.
When to provide notice of a claim to LAWPRO Provide Notice of a Claim
Provide notice of real or possible mistakes immediately: early notice gives us the best chance to help put things right. Late notice often allows small problems to become big ones, and they can jeopardize coverage. If you report a claim and it is not necessary to attempt to rectify an error or defend a legal proceeding, your deductible won’t be triggered and there won’t be any surcharged increase in your premium. (See “This is not a claim, but…” and Wondering when to report that claim or potential claim? Do it now).
Provide notice to LAWPRO when:
- a client has asserted that you made a mistake
- you are being asked to swear an affidavit or give evidence about your file handling
- a request for production or court order has been made for your file
Don’t try to take steps on your own to try to repair a potential claim. These steps may make the situation worse, and could jeopardize your insurance coverage. Contact us and we will help you determine how to move forward.
How to provide notice of a claim
- your name, the name of your firm, full mailing address, fax number and email address
- name of managing partner and/or shareholder in your current law firm
- name of your client
- brief description of your retainer, stating when you were retained, why you were retained and the nature of the claim
- the manner and date on which you became aware of the potential claim
- any pertinent documentation
- the amount of potential damages
- a chronology of events
New Claims Coordinator
Lawyers’ Professional Indemnity Company
250 Yonge Street, Suite 3101
P.O. Box 3
Toronto, ON M5B 2L7
phone 416-598-5800 or 1-800-410-1013
fax (416) 599-8341 or 1-800-286-7639
e-mail: [email protected]
* If you are unable to meet the “in writing” notice requirement due to a disability, please contact LAWPRO’s New Claims Coordinator, who will work with you to accommodate your situation.
How LAWPRO handles your claim
After you have filed your notice of a claim with LAWPRO, a claims professional will contact you to obtain as much information as possible and determine a strategy for resolving that file.
If defence counsel is required, you can expect to be involved in their selection. You will receive regular reports from defence counsel, copies of accounts and budgets and be part of strategy discussions. By working together as a team to resolve matters, LAWPRO wants to provide lawyers with the highest quality service.
LAWPRO provides claims prevention, risk management, and law practice information service for Ontario lawyers. Our resources, precedents and checklists are free and intended to help Ontario lawyers take proactive steps to avoid legal malpractice claims and grow successful and thriving law practices. Learn more at practicepro.ca.
How do I make a TitlePLUS claim?
If you are a TitlePLUS policyholder and wish to file a claim under your policy, please visit titleplus.ca