IBA Annual Conference Toronto 2025
2 Nov - 7 Nov 2025
Session information
Professional liability, its practical aspects, how to mitigate it with the use of tech, insurance coverage, and the training of the lawyers
Monday 3 November (1615 - 1730)
Committee(s)
Law Firm Management Committee
(Lead)
Litigation Committee
Description
This session is intended for those in management, and/or those handling claims against law firms and lawyers, to consider:-
1. Practical aspects of managing risk – what are the sources of liability for solicitors and legal professionals (e.g. negligence, breach of fiduciary duty, confidentiality breaches)
- common causes of professional negligence claims:-
o missed deadlines (e.g. limitation periods)
o poor communication or advice
o errors in drafting
o failure to follow client instructions
o conflicts of interest and failure to clearly identify who the firm is acting for
- impact of liability on the firm (reputational, financial, regulatory)
2. Mitigating risk through technology
- document automation and error reduction
- practice management systems for:-
o key date tracking
o time recording
o file audits and workflows
o client identification and conflict checks
- use of AI for due diligence, contract review and client onboarding (KYC/AML)
- cyber-security and data protection tools
- risk of data breaches as a liability issue
- risk of over-reliance on technology – need for human oversight
3. The role of insurance coverage – overview of professional indemnity insurance
- what does it cover and what are the limits/exclusions?
- the importance of accurate proposal submissions
- the claims process – what to do if something goes wrong
- cyber-liability insurance is a growing necessity
4. Training and culture
- building a risk-aware culture within the firm
- regular CPD and legal updates for all staff
- supervision structures
- encouraging early reporting of potential issues and near-misses
- the role of knowledge management in reducing avoidable errors