A first step in preventing claims is understanding why you are at risk. Thanks to a sophisticated coding system that we apply to each report of a claim or potential claim reported to us by BC lawyers, we are able to capture the underlying cause of each report. Our data reveals 5 key causes:
- Engagement (retainer or non-retainer) management failures (20% of all claims)
- Legal issue failures (25%)
- Communication failures (15%)
- Oversights (35%)
- No trail (5%)
Engagement management is the first cause. It relates to the process of providing legal services. The next 3 causes — legal issue failures, communication issues and oversights — relate to the delivery of the legal product. And the final cause — no trail — relates to whether you can prove your effective delivery. Click through each section for a summary explanation of the cause and to watch videos of LIF lawyers giving real life examples from our claims files. For the full story and CPD credit, watch our webinar (see below). For a detailed statistical breakdown of each cause by area of law, select from the menu at the side.
The next step? Review our material on limitations and deadlines, practice management - risks and tips and areas of law - risks and tips, for the articles and publications that will help you avoid claims in your own practice. And remember, effective risk management also requires you to understand what’s covered under the compulsory Policy — and what’s not. See Your Policy for more information.
Webinar
In September 2015, LIF partnered with CLEBC to offer a free one-hour online presentation for lawyers to help them better manage risk. “The Naked Lawyer: Big Data Reveals Why You Are at Risk” uses statistics and true stories from actual claim files — including short videos with 10 of the lawyers at LIF — to give lawyers the information they need to identify proactive steps they can take in their own practices to avoid claims.
For the full story and CPD credit, watch the video.
Curious about how the 5 key causes play out by area of law? The sections below give you the answer. You'll find a detailed statistical breakdown of each cause by area of law, including the discrete subcategories of practice that make up the litigation, corporate/commercial and real estate areas. We include actual claim file examples for each cause, as well as links to tips relating to specific risks for that area of law.
Litigation
Corporate/commercial
Real estate
Family
Wills and estates
Criminal
Administrative
Intellectual property
For an overview of all of the different areas, see 'The Naked Lawyer Part 2: Big Data Reveals Where You Are at Risk.'
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- Practice Management & Wellness: Risks & Tips
- Acting as an Escrow Agent, Stakeholder or Trustee
- About to act for family and friends? (Resist - it's just too risky!)
- Baby boomer blues: The practice risks of aging
- COVID-19 Related Measures Act
- Delegation: The buck stops here!
- What to do Before and After a Disaster Strikes
- Economic downturns: Managing risk in a troubled economy
- Email: Preventing a Mailstrom
- Health and Wellness
- Indemnities and Dispute Resolution Agreements
- Giving independent legal advice? Stop. Read this first.
- Managing the risks of a limited scope retainer
- Mobility: Managing the risk
- Smooth Sailing to Settlement: Avoiding Common Mistakes
- Risks and tips when using video-conferencing technology
- Witnessing a signature? Stop. Read this first.
- Risk management videos
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- Fraud Prevention
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- Fraud Alerts
- Fraud Alert: March 25, 2021
- Fraud Alert: March 4, 2021
- Fraud Alert: October 22, 2020
- Fraud Alert: August 6, 2019
- Fraud Alert: July 10, 2018
- Fraud Alert: December 15, 2017
- Fraud Alert: October 11, 2017
- Fraud Alert: July 6, 2017
- Fraud Alert: January 19, 2017
- Fraud Alert: August 4, 2016
- Fraud Alert: August 6, 2015
- Fraud Alert: May 7, 2015
- Fraud Alert: April 8, 2015
- Fraud Alert: December 31, 2014
- Fraud Alert: August 28, 2014
- Fraud Alert: December 21, 2012
- Fraud Alert: August 1, 2012
- Fraud Alert: June 1, 2012
- Fraud Alert: January 6, 2012
- Fraud Alert: December 15, 2011
- Fraud Alert: July 21, 2011
- Fraud Alert: May 2, 2011
- Fraud Alert: March 23, 2011
- Fraud Alert: June 2, 2010
- Fraud Alert: June 19, 2009
- Fraud Alert: May 14, 2009
- Fraud Alert: December 15, 2008
- Fraud Alert: September 16, 2008
- Fraud Alert: June 10, 2008
- Fraud Alert: May 5, 2008
- Fraud Alert: January 22, 2008
- Fraud Alert: August 10, 2005
- Fraud Alert: July 8, 2005
- Fraud Alert: March 11, 2005
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- Bad cheque scam
- Bad Cheque Scam: List of Names and Documents
- Bad Cheque Scam: Steps to Manage Risk
- Bad Cheque Scam: Twists and Developments
- Bad Cheque Scam: Common Characteristics and Red Flags
- Bad Cheque Scam: What To Do If You Suspect a New Client May Be a Scamster
- Bad Cheque Scam: Report Actual or Possible Trust Fund Shortages
- The Ruses
- Bad Cheque Scam Publications
- Other Social Engineering Scams, Including Phony Change in Payment Instructions
- Real Estate: Value, identity and other frauds
- Cybercrimes