Practice IssuesPractice Issues

April 22, 2012April 22, 2012

Todd McKendrick,Todd McKendrick,

MacKenzie FujisawaMacKenzie Fujisawa

tmckendrick@maclaw.bc.catmckendrick@maclaw.bc.ca

Well, this looks Well, this looks harmless…harmless…

Witnessing documentsWitnessing documents Witness to will, with legal assistantWitness to will, with legal assistant

Quick and easy help for a friendQuick and easy help for a friend No retainer, fee, relationshipNo retainer, fee, relationship Convenient target for insurerConvenient target for insurer Who doesn’t want to share responsibility?Who doesn’t want to share responsibility?

Cocktail adviceCocktail advice

When is advice not When is advice not advice?advice?

Informed decisions are client’s rightInformed decisions are client’s right Complete advice only takes minutes Complete advice only takes minutes

moremore Why should you pull charges on title?Why should you pull charges on title? Not just that they cost extraNot just that they cost extra

What’s involved in this retainer?What’s involved in this retainer? Take some time to review engagement Take some time to review engagement

letterletter Adapt it to each file – proof read itAdapt it to each file – proof read it Give it in advance, if possibleGive it in advance, if possible

What hat am I wearing What hat am I wearing now?now?

Investment adviceInvestment advice Using your bank accountsUsing your bank accounts

Fraud – furniture purchaseFraud – furniture purchase HoldbacksHoldbacks

Family lawFamily law Yours, and others’ Yours, and others’ Estates and executorshipsEstates and executorships

Using PrecedentsUsing Precedents

Must be adaptedMust be adapted Review each timeReview each time

Typos Typos BlanksBlanks

Does it say what I think it says?Does it say what I think it says? Easy to miss when you anticipate what it Easy to miss when you anticipate what it

sayssays Review multiple copiesReview multiple copies

Tough to explain laterTough to explain later

Defected RegistrationsDefected Registrations

Keep them there while fixingKeep them there while fixing Avoids further registrationsAvoids further registrations Get clients on notice Get clients on notice Don’t make it your problemDon’t make it your problem Unless it is…Unless it is…

But they already have a But they already have a contract…contract…

Yes, we make that argument, but Yes, we make that argument, but courts have said in the past that the courts have said in the past that the obligation is still there to review the obligation is still there to review the contract because they might want to contract because they might want to back out and get sued. back out and get sued.

We shouldn’t insure realtors but be We shouldn’t insure realtors but be safe. safe.

Advise clients to see a lawyer and Advise clients to see a lawyer and keep noteskeep notes