Follow Up to the Importance of Early Reporting
In follow up to the October 9, 2024 CLIA article “Importance of Early Reporting” by Melanie Hodges Neufeld, we write this note in our capacity as Practice Advisors with the Law Society of Saskatchewan (“LSS”). For a number of decades, the LSS has had the Practice Advisor Program. The Practice Advisor Program is not disciplinary. Instead, it is a supportive and educational initiative of the LSS with the goal of improving the level of legal services provided by members of the LSS, and thereby protecting the public.
In 2010 we began work as Practice Advisors. In addition to being Practice Advisors, we are active members of the LSS carrying on the practice of law.
We have conducted hundreds of Practice Reviews. During the Reviews, professional liability insurance often comes up as a discussion point. Every lawyer in private practice in Saskatchewan is required to carry a mandatory amount of professional liability insurance. We typically ask members whether they have reviewed and are content with their current limits of professional liability insurance. This review is an exercise that should be done on an annual basis. Adequate limits of professional liability insurance provide “piece of mind”. As a bonus, the premiums for excess insurance coverage are very reasonable.
Sometimes during the Practice Reviews, members will discuss with us their concerns/worries regarding potential professional liability claims. We strongly recommend that members immediately report any potential claims to the Saskatchewan Lawyers Insurance Association. (“SLIA”).
We remind members of their professional obligation to report, on a timely basis, potential claims to SLIA. We typically state that they have “nothing to lose” by immediately reporting the potential claims to SLIA. The risk in not reporting a potential claim in a timely manner is that insurance coverage may be denied. By reporting the potential claim, SLIA can offer assistance to possibly “fix” the deficiency which may avoid a professional liability claim or reduce the liability of the member.
We reiterate to members that mistakes do happen, and for that reason the LSS and all law societies throughout Canada require lawyers to have compulsory professional liability insurance and we, as lawyers, have important issues to keep in mind:
Ongoing review to make sure insurance coverage is adequate; and
To not negate insurance coverage by not reporting in a timely manner.