As part of its responsibility to protect the public interest, the Law Society of Newfoundland and Labrador requires that all lawyers practising in this province carry errors and omissions liability insurance.
The Lawyers’ Insurance Programme (LIP) administers the insurance plan for members of the Law Society. The Programme is designed to investigate a claim, defend lawyers, and indemnify members of the public up to a $1M limit.
If you believe your lawyer has made an error or omission in the legal services provided to you, please communicate your concerns directly to the lawyer. Your lawyer can then contact the LIP and your claim can be considered. If you do not wish to have further contact with your lawyer, then you should obtain independent legal advice from another lawyer who can advise you about a possible claim. The LIP will not provide you with legal advice about a possible claim and, if contacted, can only recommend that you obtain independent legal advice.
Errors and Omissions insurance policies will not cover theft by a lawyer. For this reason, public protection coverage against theft is provided through the Law Society’s Assurance Fund. The Assurance Fund is paid for by lawyers and maintained by the LIP. It is available to pay claims made by innocent members of the public for fraud or theft against a practising lawyer. If you believe your lawyer wrongfully used your trust money, or that trust money is missing from your account with the lawyer, then you can complete an Application for Compensation, Form 13.04A, and forward it to the Executive Director of the Law Society. You must submit your claim within two years of becoming aware of the alleged theft.