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Read need-to-know updates, commentary, and analysis on Professional Practice issues written by leading professionals.

Subject Matter Jurisdiction and Abstention in Legal Malpractice actions brought by a Bankruptcy Debtor – Part 2

by Butler Snow LLP on

Part 1 of this blog series examined a bankruptcy court’s subject matter jurisdiction over a debtor’s legal malpractice claims. Recognizing that bankruptcy courts typically retain related to jurisdiction over legal...more

ABA Issues New Guidance on Safeguarding Electronic Communications

by Holland & Knight LLP on

In a significant opinion published on May 11, 2017, the American Bar Association's (ABA) Standing Committee on Ethics and Professional Responsibility provided additional guidance on a lawyer's obligations to protect client...more

Speculation, Estate Planning, and Legal Malpractice

by Farrell Fritz, P.C. on

In some will contests, lawyers will speculate that the decedent may have misled people as to his true estate plan, either out of weakness, to keep the peace, to measure reactions, to avoid uncomfortable conversations, and...more

Professional Regulatory Alert: Supreme Court of Canada Confirms Regulators Have Broad Authority and Discretion to Fulfill Mandate

by Field Law on

In its recent decision of Green v. Law Society of Manitoba, 2017 SCC 20, the Supreme Court of Canada confirmed that professional regulatory organizations will be granted deference when they enact general rules or bylaws to...more

Don’t Let New Technology Cloud Your Legal Judgment

Law firms are slowly but steadily moving to the cloud. According to an American Bar Association report, 37.5% of lawyers reported the use of web-based software services or solutions in 2016, up from 31% in 2015, and 30% in...more

Strategies for EEO Compliance: Focus on Leadership, Not Compliance

by Foley & Lardner LLP on

We observed last year that the legal industry is no more immune to the holdovers of sexism than any other profession. As we noted, in a step toward stemming this problem, the American Bar Association has passed a new model...more

When Does a Claim for Legal Malpractice Accrue in the Litigation Context

The long understood rule of law in Florida is that a cause of action for legal malpractice accrues in the litigation context when the litigation is concluded by a final judgment, and the final judgment becomes final when the...more

A Cloud on the Horizon? Attorneys’ Obligations when Using a Third-Party’s Cloud-Based Services

When we think of clouds, we likely picture cumulus, stratus, and cirrus ones, not the type of “cloud” that holds data and software. The latter type of cloud is generally controlled by a third-party service provider and is...more

Lawyers Beware: Sending Native File Documents to Third Parties May Violate Your Ethical Obligations

The rules governing discovery of electronically stored information, though not fully developed, have matured enough to provide the basic “do’s and don’ts” for attorneys. Frequently, a party must produce electronic documents,...more

The Panama Papers Make ‘Share Everything’ Security Policies a Thing of the Past

by Prosperoware on

The breach of the Panamanian law firm, Mossack Fonseca, two weeks ago and the ensuing leak of 11.5 million documents — 2.6 terabytes of data — to the press revealed in extraordinary detail how offshore bank accounts and tax...more

Mandatory PI insurance for lawyers - minimum requirements approved

by DLA Piper on

By decree no. 22 September 2016, published in the official gazette on 11 October 2016, the minimum requirements of the mandatory PI insurance for lawyers have been approved. The main minimum requirements are summarized below....more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - June 2016

by Hinshaw & Culbertson LLP on

Disqualification — Substantially Related Matters — Waiver of Conflict by Lack of Diligence in Seeking Disqualification - State of Minnesota, et al v. 3M Company, Hennepin County (Minn.), Court File No. 27-CV-10-28862...more

Cybersecurity: You can't afford to ignore it anymore

by Dentons on

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

Effective calendaring and email systems prevent claims Whoops – Legal Malpractice Prevention

by Dentons on

Computers and technology have changed every aspect of the modern law practice. Email, for instance, has completely transformed the practice of law. Electronic communication is instantaneous, continuous, and ubiquitous. It is...more

Beware of informal relationships and conflicts

by Dentons on

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

by Dentons on

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

Ethics Opinion Prevents Double Dipping in a Contingency Fee Arrangement

by Butler Snow LLP on

Attorneys cannot double dip on contingency fees to settle third party liens or claims. In Ethics Opinion RO-2015-01, the Disciplinary Commission of the Alabama State Bar addressed whether or not a lawyer representing a...more

Trees Grow Back -- Paper Your File

by Hinshaw & Culbertson LLP on

Papering your file (or PDFing an electronic file) is an important, if underappreciated, method to protect both you and your clients. Regular memos to a file will help cut down time necessary to analyze a new development in...more

Agent and Broker PL Claims Trends

From the 2015 PLUS Conference session “PLI for Agents and Brokers: Increasingly Risky?,” Peter Biging (Goldberg Segalla LLP) and Lisa Doherty (Business Risk Partners) discuss the evolving claims environment, including the...more

CA Supreme Court Expands Scope of Lawyers’ Statute of Limitations to Non-Legal Malpractice Claims – Confusion Predicted for Law...

In Lee v. Hanley (S220775 – Filed 8/20/2015), the California Supreme Court clarified the meaning of Code of Civil Procedure section 340.6 by holding that its limitations period applies to claims against attorneys “whose...more

ABA Hijinks – Defeat the Resolution Supporting Unlimited Punitive Damages

by Reed Smith on

Most of us are members of the American Bar Association. Some of us are more active than others. At one extreme, Bexis has been in what the ABA calls “leadership,” as editor of the Mass Torts Newsletter, for some 15 years. ...more

Ethical Issues Implicated by Lawyers’ Use of Third-Party Cloud Services

Law firms increasingly turn to “cloud services” for processing and storing confidential client information because of their greater flexibility and efficiency. Use of “the cloud,” however, outsources the administration,...more

The Test for Uncivil Conduct in Litigation

by Bennett Jones LLP on

The Divisional Court released its reasons respecting the Law Society of Upper Canada’s disciplinary proceeding against Joseph Groia on February 2, 2015. The Divisional Court upheld the Law Society Hearing Panel and Appeal...more

Supreme Court Confirms That Trustees Are Liable Only For Loss Caused Due To Breach

by Allen & Overy LLP on

Mark Redler & Co Solicitors (Mark Redler) acted for both the claimant bank, AIB Group (UK) Plc (AIB), and the borrowers on a GBP 3.3 million loan. In return for the loan, AIB was supposed to secure a first legal charge over...more

No Attorney Disbarment In NJ for Misappropriation of Law Firm Funds

by Wilson Elser on

As we are taught in law school, and as some members of the public find hard to believe, attorneys are held to the highest ethical standards. One of the surest ways for an attorney to secure his or her disbarment is to...more

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