Errors in Family Practice

Author: Megan Swail
Current to: June 2022

“Errors in Family Practice” is the latest Practice Point to arrive as part of CLEBC Online Course Materials.

This paper was originally prepared by Megan Swail of the Lawyers Indemnity Fund for the CLEBC course Family Law Basics. As she explains, there are costs to a lawyer in dealing with a claim made by an unhappy client, even where no error was made. So while the legal work of a family law lawyer is demanding and difficult, it is important to practice risk management to avoid these costs.

This paper lays out four key ways you can protect yourself from negligence claims:

1. Knowing the Law and Procedure
2. Managing your Client’s Expectations – the client’s expectations of you and the client’s
expectations of the legal system
3. Handling Every File with Care – this includes: careful preparation, remembering the
experts, giving clear legal advice and warning clients of risks, and conducting settlement
negotiations carefully
4. Creating a Paper Trail ‐ confirm advice and instructions in writing as much as practicable,
and document your file where red flags are waving

Learn how to protect yourself today with this practical and valuable paper!

View PDF of the paper