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Lawyers’ Professional Liability, 4th Edition
This essential resource offers practical guidance for avoiding legal malpractice claims and is particularly relevant for any lawyer involved in adjudicating, litigating or settling legal malpractice suits.
Publication Language: English
Published: June 24, 2020
Publisher: LexisNexis Canada
Written by three experienced litigators, Lawyers’ Professional Liability, 4th Edition should be required reading for every practising lawyer. This essential resource offers practical guidance for avoiding legal malpractice claims and is particularly relevant for any lawyer involved in adjudicating, litigating or settling legal malpractice suits. Now in its fourth edition, this reference volume features the latest jurisprudence and updated content to reflect the current state of lawyers’ professional liability, making it a vital addition to every lawyer’s bookshelf.
Indispensable Guidance
Lawyers’ Professional Liability, 4th Edition provides valuable insight and useful advice about a broad range of areas of potential liability, from civil actions and commercial transactions, to the purchase and sale of a business, real estate transactions, and wills and estates. In particular, practitioners can turn to this updated publication for a detailed analysis of:
- Standard of care
- Fiduciary obligations
- Liability to third parties
- Vicarious liability for the actions of partners, agents and employees
- Damages and other consequences
This fourth edition has been revised to include the latest developments in the law related to lawyers’ professional liability and includes:
- A new section on lawyers’ liability through class proceedings, with reference to two recent Ontario cases: Trillium World Motors Ltd. v. Cassels Brock & Blackwell LLP and Hodge v. Neinstein
- A new section on lawyers’ liability for referral to other professionals, with discussion of the recent Supreme Court of Canada decision in Salomon v. Matte-Thompson
- An enhanced examination of compensatory damages and loss of opportunity with reference to the Allied Maples decision as the leading case on the loss of chance to obtain a benefit or avoid a loss in the solicitor’s negligence context
- An updated commentary on non-pecuniary losses and mental distress
- A new section on lawyers participating as intervenors in litigation, with reference to Meridian Credit Union v. Baig
A valuable reference
Written by expert litigators and featuring up-to-date analysis and commentary, Lawyers’ Professional Liability, 4th Edition is recommended for:
- Litigators who litigate and/or settle legal malpractice claims
- Corporate and commercial, real estate, and wills and estates lawyers who would benefit from the sections of the text that deal specifically with liability in those practice areas
- In-house counsel and government lawyers who are interested in preventing legal malpractice claims
- Law associations and societies seeking assistance with the resolution of complaints and adjudication of legal malpractice claims
- Judges and courts who can turn to the book for guidance in the adjudication of legal malpractice claims
- Law libraries who want to provide background information to interested lawyers and law students
Chapter 1: Sources of liability and limitations
I. Introduction
II. Definitions
III. Sources of liability
IV. The limitation period
V. Special liability problems
Chapter 2: The standard of care
I. General principles
II. Ancillary principles
Chapter 3: Fiduciary obligations
I. Fiduciary relationships defined
II. To whom the obligations are owed
III. Fiduciary obligations defined
Chapter 4 : Liability to third parties
I. Introduction
II. Breach of fiduciary duty
III. Negligence
Chapter 5 : Vicarious liability
I. Introduction
II. Liability for agents and employees
III. Liability for partners
Chapter 6 : Liability in specific practice areas
I. Introduction
II. Conduct of a civil action
III. Commercial transactions
IV. Real estate transactions
V. Wills and estates
Chapter 7 : Damages and other consequences
I. General principles
II. Damages
III. Disentitlement to fees
IV. Liability to pay costs
Chapter 8 : Insurance and related considerations
I. Introduction
II. The policy
III. Other considerations
