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Attorneys as Fortune-Tellers—Liability for Errors in Valuing Claims

In nearly every lawsuit there comes a point when the attorney is asked to evaluate the client's likelihood of success and to assign a value to the case. Because this value will likely be used by the client in determining...more

Legal Malpractice Claims Level Off as Conflicts and Cyber Claims Rise

Statistics regarding the type, frequency and severity of legal malpractice claims submitted to insurers during 2016 were released at the end of June. From the law firm and attorney perspective, the news is generally good in...more

Three Reasons to Break Up With a Client

Knowing when to end an attorney-client relationship is fraught with trepidation, especially when it becomes obvious that the relationship is on a troublesome path. It should therefore come as no surprise that withdrawing from...more

Three Tips for Handling the Difficult Decision to Downsize

In a perfect world, law firms would always continue to grow and there would never be a need to reduce attorney or staff head count. However, with the changing market for legal services, many law firms have been forced to...more

Three Tips for Avoiding Social Media Conflicts

While most attorneys recognize the value of social media in promoting their practices, attorneys do not always apply the same level of care when using social media in a supposedly personal capacity. However, recent...more

Steps for Limiting Liability as Local Counsel

Many litigators have either sought or served as local counsel at least once in their careers. Litigators with national practices may work with local counsel more often than not. Those with niche practices based in specialized...more

Three Considerations of Document Proposal

Reviewing and revising a law practice's document retention and disposal practices is an aspirational goal for many law firms. Indeed, setting such a policy can be quite difficult. One reason is that the rules of professional...more

Code of Law: If You See Something, Say Something

The legal profession's system of self-governance relies in part on what is effectively an "honor code" for attorneys. Specifically, when an attorney becomes aware of misconduct by another attorney, many states require that...more

Four Reasons Law Firms Change Insurers

A law firm may find that renewing its legal malpractice policy with the same insurer year after year is advantageous for a number of reasons. For example, the law firm and insurer may build a strong working relationship, and...more

5 Fundamentals of Collecting Fees

It pays to implement an effective billing system—literally. On the front end, having a system in place increases realization rates because it gets money in the door. On the back end, fee disputes and related malpractice...more

Service on outside boards has its risks

Attorneys are often eager to serve on boards of directors of outside organizations and with good reason. After all, membership on a board can increase the attorney's visibility, create connections that lead to new business...more

Take a work-free vacation without compromising quality

As we enter the legal profession's unofficial vacation month—August—lawyers are reminded of the positive impact of time spent away from the office. Studies regularly confirm that vacations are important both for attorneys...more

Exercising attorney-client privilege over in-house communications

Law firm in-house counsel privilege is once again in the news, with New York joining other states, including Georgia, in upholding the attorney-client privilege for in-house counsel communications. ...more

Attorneys must be precise in representations to court

On May 19, Judge Andrew Hanen of the US District Court for the Southern District of Texas issued a scathing order criticizing the conduct of several Department of Justice attorneys defending the federal government against a...more

Cybersecurity, Part 3: Identifying solutions

Cybersecurity issues are constantly evolving. Indeed, even since the first article in this series was published, it was announced that plaintiffs law firm Edelson PC has already filed a privacy class action lawsuit against a...more

Cybersecurity, Part 2: Firms should avoid these common mistakes

The idea of cybersecurity may be foreign—or even frightening—to many attorneys. However, as evidenced in Part One of this series ("Cybersecurity: You Can't Afford to Ignore It Anymore," April 25) law firms appear to be the...more

Cybersecurity: You can't afford to ignore it anymore

In late March, newspapers confirmed that a Russian hacker named "Oleras" targeted 48 law firms (most of which are Am Law 100 firms). Oleras planned to hack these firms to secure confidential and highly valuable insider...more

Beware of informal relationships and conflicts

Conflicts of interest can be complicated and risky. They can be impediments to taking on new business and can also lead to high verdicts in legal malpractice cases. Virtually all attorneys know to run conflict checks for new...more

A few words of caution for partners and associates

Most attorneys are aware that they have duties to act ethically in the practice of law. Sometimes, however, it is difficult to determine where that obligation extends beyond the attorney's own conduct. For partners, some...more

How an attorney should handle a mistake

Although there are steps that attorneys can take to reduce the likelihood of making an error, mistakes still happen in the course of an attorney-client relationship. An attorney might miss a tax lien during a title...more

Attorney impairment is on the rise; here's how to fight back

Attorneys work long hours under intense pressure. Because stress levels are high, attorneys often look for ways to blow off steam, leading to a "work hard, play hard" motto for those in the practice of law. When months of...more

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