Reporting Guidelines

When to report

The Compulsory Professional Liability Indemnification Policy requires you to report to the Lawyers Indemnity Fund in writing immediately if you become aware of an error or any circumstances which could reasonably be expected to be the basis of a claim, however unmeritorious (Condition 4.1 of the Policy).

Use of information

The information that you provide to us in reporting a claim or potential claim is kept in confidence and will not be disclosed except in accordance with the terms of the Policy. It will not be disclosed to other departments of the Law Society unless it contains evidence of dishonest appropriation, fraud or criminal activity.

The information will be used to open a file and, more significantly, will allow us to give legal advice to you and the indemnitor and defend any covered claim or potential claim.

You are not required to report a claim or potential claim to any other department of the Law Society unless otherwise indicated by the Law Society Rules 2015.

How to report

All claims or potential claims must be reported in writing — telephone notice is not sufficient and will not trigger coverage under your policy. Please send your written report to:

Lawyers Indemnity Fund
8th Floor, 845 Cambie Street
Vancouver BC  V6B 4Z9
Attention: Claims Manager

Fax: 604.682.5842
Email: LIFclaims@lsbc.org

What to include

Your report should contain the fullest information available. Be sure to include:

  1. the name of any claims counsel you have spoken to about this matter;
  2. the name of the lawyer(s) responsible for the potential or alleged error;
  3. the name of the claimant(s);
  4. the first date the potential or alleged error was discovered by anyone in your firm;
  5. the date the potential or alleged error occurred;
  6. the name of the firm, or association of lawyers, with which the responsible lawyer was practising when the potential or alleged error occurred;
  7. whether the potential or alleged error relates to a paralegal giving legal advice or representing clients before a court or tribunal;
  8. whether this matter is or has been the subject of a complaint to the Law Society’s Professional Conduct Department;
  9. a chronological description of the circumstances giving rise to the claim or potential claim;
  10. your objective response to the claim or problem, including any defences which may apply or any suggestions you may have for repair or mitigation of a potential error or loss;
  11. an estimate of the amount of the potential damages, assuming liability;
  12. any other concern or matter you wish to bring to our attention; and
  13. all relevant documents.

What not to do

Do not admit liability of any kind to your client or indicate to your client that the Captive or LIF will 'take care of everything'.

If you have been sued

If a Notice of Civil Claim or other such document requiring immediate attention has been served upon you, it is your duty to protect yourself and firm from default proceedings.

My Claim: Questions and answers

Answers to more questions about LIF's claims process are available here.

 

Note: The information in this section is collected under the authority of Conditions 4.1 and 5 of the Professional Liability Indemnification Policy.

If you have any questions about the collection or use of this information, contact one of our Claims Managers, Murray Patterson or Michael Soltynski.