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Practice Issues

April 22, 2012 Todd McKendrick, MacKenzie Fujisawa tmckendrick@maclaw.bc.ca. Practice Issues. Well, this looks harmless…. Witnessing documents Witness to will, with legal assistant Quick and easy help for a friend No retainer, fee, relationship Convenient target for insurer

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Practice Issues

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  1. April 22, 2012 Todd McKendrick, MacKenzie Fujisawa tmckendrick@maclaw.bc.ca Practice Issues

  2. Well, this looks harmless… Witnessing documents Witness to will, with legal assistant Quick and easy help for a friend No retainer, fee, relationship Convenient target for insurer Who doesn’t want to share responsibility? Cocktail advice

  3. When is advice not advice? Informed decisions are client’s right Complete advice only takes minutes more Why should you pull charges on title? Not just that they cost extra What’s involved in this retainer? Take some time to review engagement letter Adapt it to each file – proof read it Give it in advance, if possible

  4. What hat am I wearing now? Investment advice Using your bank accounts Fraud – furniture purchase Holdbacks Family law Yours, and others’ Estates and executorships

  5. Using Precedents Must be adapted Review each time Typos Blanks Does it say what I think it says? Easy to miss when you anticipate what it says Review multiple copies Tough to explain later

  6. Defected Registrations Keep them there while fixing Avoids further registrations Get clients on notice Don’t make it your problem Unless it is…

  7. But they already have a contract… • Yes, we make that argument, but courts have said in the past that the obligation is still there to review the contract because they might want to back out and get sued. • We shouldn’t insure realtors but be safe. • Advise clients to see a lawyer and keep notes

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