If a lawyer has stolen from you, you may be entitled to compensation under trust protection coverage, which we manage.
You must provide written notice to us within six months of becoming aware of the lawyer's theft and within 10 years of the theft occurring. Contact Michael Mulhern for information about trust protection coverage and how to make a claim.
Before a trust protection coverage claim will be considered for payment, the following three requirements must be met:
- The claim must be the result of dishonest appropriation – in other words, the lawyer stole money or other property.
- The property in question must have been received by the lawyer acting in their capacity as a lawyer.
- The claim cannot be connected to the wrongful or unlawful conduct, fault or neglect by you or your spouse or anyone associated with your organization and you cannot have obtained the lost property unlawfully.
Trust protection coverage will not compensate you if you have been careless or negligent, or if you have a dispute about legal fees.
You may recover up to $300,000 per claim. Different limits apply if your lawyer was practising in another province. If you are considering entrusting your lawyer with a sum of money greater than $300,000, you may want to enquire whether the lawyer has purchased additional coverage.
Any amount we pay you will be reduced by money that is otherwise available to you, the lawyer, or the lawyer's law firm, to repay the stolen funds.