Canadian Lawyer

June/July 2019

The most widely read magazine for Canadian lawyers

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22 J U N E / J U LY 2 0 1 9 w w w . c a n a d i a n l a w y e r m a g . c o m because of an emergency. The scammer tries to get the lawyer to withdraw the money from the trust account before the bank has a chance to clear the cheque, often using holidays as buffer time. The lawyer's responsibility, adds Hu, is to double check everything, which includes scrutiny of the email address, and confirming the transaction through conversation and not relying on email alone. LawPro keeps a running list of known hacker handles, which are often used in bulk for a short per- iod of time, and encourages lawyers to do a quick search at avoidaclaim.com if they have any suspicions. The insurer also posts newsletters on practicepro.com, including a recent one entitled "New lawyer cyber dangers and how to avoid them." Attacks on law firms are increasing in intensity and approaches, says Rob Walls, information technology manager at Vancouver-based Boughton Law, who is on the board of the British Columbia Legal Management Association and is past regional liaison and a member of the International Legal Technology Association. "I would say that at least half the law firms get poked by things every once in a while, possibly more. Some of them may not be aware that they are being hit by things." But, he adds: "You can do a lot to make sure you're not as juicy a target." Software at Boughton allows for the continual scrutiny and testing of links and webpages that arrive via email. While the firm of about 130 people, including about 50 lawyers, has a technical staff of four, an external firm is employed to monitor traffic 24/7 live to look for patterns, verify domains of emails and check server sources. But the focus ought not to be solely on the software and © 2019 Thomson Reuters Canada Limited TR698917-NK The comprehensive Canadian treatment of the law of capacity and undue influence Available risk-free for 30 days Online: store.thomsonreuters.ca Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Order # L7798-8918- 65203 $405 Hardcover June 2019 approx. 940 pages 978-0-7798-8918-1 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. Gain an edge with a sound understanding of how the law of capacity and undue influence affects the voluntary transfer of wealth. Written by one of Canada's leading estate experts, Capacity and Undue Influence, Second Edition brings together all facets of the law in one comprehensive source. You'll find clearly written explanations of issues such as: • The capacity to make a will • The capacity to make beneficiary designations • The capacity to make gifts • The capacity to settle trusts • Undue influence – under both the equitable doctrine and the common law in every Canadian common law jurisdiction New in this edition This edition contains important changes to the law of testamentary undue influence which has evolved significantly over the last four years. For planners, it contains new and useful references to practice directions in the U.S. and U.K. that will fill in gaps in Canadian law. New Edition Capacity and Undue Influence, Second Edition John E.S. Poyser

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