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Read File - The Law Society of Newfoundland

By Paula Ray,2014-07-10 19:25
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Read File - The Law Society of Newfoundland ...

    New Claim Report

    Lawyers’ Insurance Programme

The information that you provide to us is kept in strict confidence and it will not be disclosed to any other persons,

    including other departments of the Law Society. The information that you provide is to allow us to open a file and,

    more significantly, to allow us to defend your claim or potential claim. Please note: Telephone notice is not

    sufficient and may not trigger coverage under your policy. To ensure a timely investigation we require this form to

    be submitted within 48 hours hereof to:

CONFIDENTIAL

    Janice K Whitman

    Insurance Administrator

    Lawyers’ Insurance Programme

    PO Box 1028

    St. John’s, NL A1C 5M3

    Tel: (709) 722-6008

    Fax: (709) 722-7008

    Email: insurance@lawsociety.nf.ca

    LAWYER INFORMATION Lawyer: Roll No: Called to Bar: Telephone: Fax/Email: File No: Address:

    What firm were you with at the alleged error occurred?

    CLAIMANT INFORMATION

    Name of Claimant: Claimant’s Lawyer:

    Address: Firm: Telephone: Telephone:

Name of Client, if different from Claimant:

Is/Was there a solicitor/client relationship between you/the firm and the claimant? Yes No

If “No”, explain:

    Is Claimant aware of the potential problem? Yes No

    Are you continuing to represent the Claimant? Yes No

    Have your fees been paid? Yes No

     1

    CLAIM INFORMATION

When did the alleged error occur?

How and when were you made aware of the potential problem?

When were you first put on notice (written and/or oral) of a claim?

    (If you received written notice or statement of claim, please attach a copy)

Aside from a solicitor-client relationship, do you have an ownership, financial, or business interest in the client or claimant?

     Yes No

If yes, please elaborate

    Does the claim arise out of the Claimant/Client doing business with an entity in which you have an ownership, financial or business interest?

     Yes No

If yes, please elaborate

    Is there any proceeding (such as a foreclosure, repossession, application or defence) requiring urgent attention?

     Yes No If yes, by when

Estimate the amount of the claim that may be presented against you: $

    In your opinion, the likelihood of liability is: Unlikely Possible Probable Definite

    Please identify other parties who may be involved in the dispute, eg. real estate agent, bank, appraisers, tortfeasors, insurers

    List all staff members directly involved in the matter out of which the alleged error arose, indicating position eg. partner, associate, articling student, legal assistant, secretary

     2

Please circle the Area of Law and Cause of Loss below:

     AREA OF LAW 18.1 Tax - Unspecified 18.2 Tax - Corporate 1.1 Real Estate - Unspecified 18.3 Tax - Personal/Family 1.2 Real estate - Residential 18.4 Tax - Estate/Trust

    18.5 Tax Other 1.3 Real Estate - Condominium

    19 Other 1.4 Real Estate - Commercial 20.1 Commercial - Unspecified 1.5 Real Estate - Farm 20.2 Commercial - Contracts/Leases 1.6 Real Estate Other 20.3 Commercial - Financing 2.1 Civil Litigation - Unspecified 20.4 Commercial - PPSA-Personal Property, Equipment 2.2 Civil Litigation - Personal Injury, auto 20.5 Commercial - Purchase/Sale of Business 2.3 Civil Litigation - Personal Injury, other 20.6 Commercial - Shareholder Agreements 2.4 Civil Litigation - Medical Malpractice 20.7 Commercial - Natural Resources 2.5 Civil Litigation - Wrongful Dismissal 20.8 Commercial - Other 2.6 Civil Litigation - Liens 2.7 Civil Litigation - Creditor Remedies

    2.8 Civil Litigation Insurance Contract LIST OF CAUSE OF LOSS 2.9 Civil Litigation - Commercial 2.10 Civil Litigation - Other 1.1 Systems/Procedures/Administration-Failure to follow-up 3.1 Corporate - Unspecified 1.2 Systems/Procedures/Administration-Diary System Error 3.2 Corporate - Incorporation 1.3 Systems/Procedures/Administration-Inadequate office 3.3 Corporate - Amalgamations/Reorganizations systems 3.4 Corporate - Corporate Governance 1.4 Systems/Procedures/Administration-Failure to memo file 3.5 Corporate Securities Transactions 1.5 Systems/Procedures/Administration-Procrastination 4.1 Matrirnonial & Family - Unspecified 1.6 Systems/Procedures/Administration-Clerical Error 4.2 Matrirnonial & Family - Divorce 1.7 Systems/Procedures/Administration-Overwork 4.3 Matrimonial & Family - Separation 1.8 Systems/Procedures/Administration-Inadequate review, 4.4 Matrirnonial & Family Law - Adoption inadequate preparation or inadequate investigation 4.5 Matrirnonial & Family Law - Other 2.1 Communication - Failure to follow client’s instructions 4.6 Matrirnonial & Family Law - Child Support 2.2 Communication - Disputed instructions 4.7 Matrirnonial & Family Law - Pension 2.3 Communication - Disputed retainer 5.1 Estate Planning & Administration -Unspecified 2.4 Communication - Perceived limited retainer 5.2 Estate Planning & Administration - Wills 2.5 Communication - Poor Communication with clients 5.3 Estate Planning & Administration -Estate 2.6 Communication - Poor Communication with others Planning 2.7 Communication - Failure to confirm instructions/advice 5.4 Estate Planning & Administration - Estate Admin 2.8 Communication - Failure to obtain client’s consent 5.5 Estate Planning & Administration - Trusts 2.9 Communication Unable to contact client 5.6 Estate Planning & Administration - Power of 3.1 Delegation/Supervision - Delegated to lawyer/student Attorney 3.2 Delegation/Supervision - Delegated to non-lawyer 5.7 Estate Planning & Administration - employee Committeeships 3.3 Delegation/Supervision - Delegated to outsider 5.8 Estate Planning & Administration Other 3.4 Delegation/Supervision - Delegation-Poor 6 Aboriginal communication/poor supervision 7 Administrative/Boards/Tribunals 4.1 Law Failure to know the law 8 Admiralty 4.2 Law - Failure to know the limitation/deadline 9 Arbitration 4.3 Law - Failure to properly apply the law 10 Bankruptcy/Insolvency/Receivership 4.4 Law - Failure to address tax implication 11 Criminal 5.1 Conflict - Representing two or more parties 12 Employment/Labour 5.2 Conflict - Conflict Unrepresented party 13 Entertainment 5.3 Conflict Personal/Financial interest in transaction 14 Environmental 6 Fee Dispute 15 Immigration 7 Fraud by client/other party 16 Intellectual Property 8 Other 17 Mediation

    OTHER

     3

    What percentage of your practice was devoted to this area of law at that time? %

How long had you been practicing in this area of law at that time?

Does your Firm carry Excess of the $1,000,000 Mandatory Coverage:

     Yes No

Insurer: Policy #

Is this transaction title insured?

     Yes No

Insurer: Policy #

    BRIEF PRECIS OF CLAIM

    Please relate all relevant facts pertaining to this claim in chronological order. (Attached a separate sheet if necessary)

How could this claim/potential claim have been prevented?

     4

    DOCUMENTS/SIGNATURE

The following documents are enclosed:

Correspondence

Statement of Claim

Other

    THIS REPORT IS MADE IN CONTEMPLATION OF LITIGATION

Signature of Lawyer: Date:

Name of Managing Partner (where applicable):

NOTE: BE SURE TO KEEP A COMPLETE COPY OF YOUR ENTIRE FILE

     5

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