Avoiding Negligence Claims in an Estates Practice
Malpractice claims against wills and estates practitioners have steadily increased over the last decade, with inadequate fact investigation and lawyer/client communication failures being the top reasons complaints are made. Lawyers who draft estate planning documents are under more scrutiny than ever as the largest wealth transfer from one generation to the next begins. Mistakes can be found at every turn, from failure to have a working knowledge of tax, real estate, and family law, or misunderstanding a client’s unique, and often complex, family dynamics and asset ownership.
Lawyers new to estates law and non-specialists who dabble in wills, trusts, and estates in addition to their regular practice must be particularly diligent to meet the standard of care. Among other things, drafting lawyers owe a duty of care not only to their clients, but third parties as well. Fortunately, most of the errors and omissions that give rise to negligence claims can be easily avoided.
This highly practical program, featuring Toronto estates lawyers Gillian Fournie and Joanna Lindenberg, will provide an overview of the current law of solicitor’s negligence, common causes of estate malpractice claims, and best practices. The use of fact scenarios, audience polling, and live Q & A will create a dynamic, interactive learning experience. This is an excellent opportunity for all lawyers working in this area to understand the widening scope of their duty to clients and others, the increasing causes of negligence claims, and how to avoid them.
Live webinar with chat includes 60 day replay. This program features real-time audio of the presenter with synchronized presentation slides, and a chat feature that allows for live Q & A.