How to File a Claim with ALIA’s Indemnity Program
Introduction
This process describes how you, as a member of the public, can make a claim for compensation to Alberta Lawyers Indemnity Association (“ALIA”) when an Alberta lawyer’s negligence has caused you to lose money. You can think of ALIA’s indemnity program as generally being like lawyers’ malpractice coverage. Filing a claim with ALIA does not replace your ability to sue the lawyer and does not pause or extend the deadline for starting a lawsuit. You should get legal advice, which ALIA does not provide.
Program Summary and How to Make a Claim
ALIA, a company owned by the Law Society of Alberta (the “Law Society”), operates Alberta’s mandatory lawyer indemnity program. The Law Society regulates Alberta’s lawyers in the public interest separately from ALIA.
All Alberta lawyers in private practice are required to participate in ALIA’s indemnity program (“Participating Lawyers”). The program protects Participating Lawyers and compensates members of the public who suffer financial losses due to mistakes or wrongdoing by Participating Lawyers. The Alberta Lawyers’ Professional Liability and Misappropriation Indemnity Group Policy (the “Group Policy”) provides the terms of coverage. The Group Policy sets out the terms under which ALIA will pay if Participating Lawyers made a mistake that caused their clients (“Claimants”) to lose money (“Negligence”). It also covers theft by Participating Lawyers of money, securities or property received in their role as a lawyer (“Misappropriation”).
Participating Lawyers must report claims against them to ALIA. Claimants can also report claims directly to ALIA. Please keep in mind that although ALIA may compensate the public, it represents the Participating Lawyers in this program, and Claimants are not covered by the Group Policy and have no rights under it.
For Negligence claims:
Whether the lawyer or the Claimant reports a claim to ALIA, the claim is reviewed to see if it is covered under the Group Policy, if the lawyer was negligent in their professional services, and if there are financial damages that can be compensated due to that negligence. ALIA may choose to settle or defend the claims and will use all defences available to the Participating Lawyers when defending claims.
For Misappropriation claims:
Whether the Participating Lawyers, the Participating Lawyer’s firm or the Claimant reports a claim to ALIA, the claim is reviewed to see if it qualifies for Misappropriation coverage. This involves checking if a Participating Lawyers committed theft and if the stolen property was received by the Participating Lawyers in their professional role.
The above is for information purposes only. The Group Policy contains additional terms and conditions that may impact coverage and compensation.
ALIA does not cover
Fee disputes:
The Group Policy does not cover fee disputes. For more information, visit the Law Society’s webpage on Financial Issues.
Complaints against Participating Lawyers:
ALIA does not deal with complaints against Participating Lawyers. Complaints are managed separately by the Law Society. For more information, visit the Law Society’s webpage on Types of Complaints.
Claimant Report Form
STEP 1
Fill out a claim form
If you have a claim against your lawyer and want to make a claim to ALIA’s indemnity program, please submit a Claimant Report Form with all documents and information to support your claim and show your financial loss. Claims must meet all the terms and conditions of the Group Policy.
You can submit your Claimant Report Form online under Step 2. Alternatively, you can submit the form by email, mail or personal delivery to the address listed on the form.
When ALIA receives your Claimant Report Form and supporting documents, it will confirm receipt. The review process may take several weeks or longer to complete. After the review, ALIA or their defense counsel will contact you or your representative.
Please download the form below and fill it out.
Claimant Report FormSTEP 2
Send the form to ALIA
Fill out your contact information and attach your completed PDF. All fields are mandatory.
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Important information to consider
ALIA handles claims against participating lawyers. Submitting a claim to ALIA does not stop you from suing the lawyer and is not the same as starting a lawsuit.
Notifying ALIA about a claim does NOT pause or extend the deadline for starting a lawsuit. You must follow the deadlines set by law, including the Alberta Limitations Act, to keep your claim valid.
ALIA cannot give you legal advice. Although you do not need a lawyer to file a claim with ALIA, it is recommended that you hire one.
Remember, even though ALIA accepts claims from the public, Claimants are not part of the Group Policy. ALIA does not provide Claimants with detailed explanations of its investigations, and Claimants have no appeal process from ALIA’s decisions.
How ALIA will use your personal information, the Claimant Report Form and other documents
The information you give to ALIA through your Claimant Report Form and other documents will help ALIA review your claim. ALIA might also use this information to defend your claim against you or settle your claim with you. The Claimant Report Form and any documents or information you provide will be shared with the lawyer you are claiming against and their representatives or counsel. However, any information the lawyer provides in response to your claim will not be shared with you.
Your Claimant Report Form and any documents and information you provide may be shared with the Law Society for their purposes including investigations and proceedings. By submitting your information to ALIA, you agree to the collection, use and sharing of your information. For more details, please refer to ALIA’s Privacy Policy.
ALIA may contact you to obtain more information or to clarify what you provided. If you have any questions about how your information is collected, used or shared, please contact ALIA at alia@lawsociety.ab.ca or 403.229.4716 or toll free at 1.800.661.1694.
