News & Analysis as of

Attorney Malpractice Young Lawyers

Dentons

Call and Wait: What is a Conflict Check?

Dentons on

You decide you want a divorce, or your spouse tells you they want a divorce. You are served divorce papers from a process server or law enforcement. You want help now. You do not want to wait. Folks dealing with divorce...more

Sands Anderson PC

Statistics on Virginia’s Discipline of Lawyers: Fiscal Years 2020-2022

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Reporting from the Virginia State Bar’s Office of Bar Counsel shows consistency yet again in the overall number of complaints made against lawyers and the corresponding levels of discipline....more

Hinshaw & Culbertson LLP

New Jersey Appellate Court Holds No Attorney-Client Relationship Between Law Firm and Managing Members of LLC in Legal Malpractice...

In consolidated appeals, a New Jersey appellate court affirmed the trial court's grant of summary judgment in favor of defendants in a legal malpractice action, finding the law firm had only represented the company (a limited...more

Association of Certified E-Discovery...

Foundational Ethical eDiscovery for New York Lawyers

The pervasiveness of technology in our everyday lives is unmistakable. The next time you walk down a city street, go out for coffee or spend time at a family gathering, take a moment, and reflect upon the number of people on...more

Blank Rome LLP

Top Tips For Avoiding Legal Malpractice Claims

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I. Why It Matters In recent years, law firms and legal professionals have seen an uptick in the frequency of legal malpractice claims, including significant claims with damages in excess of $50 million. One of the major...more

Proskauer - California Employment Law

California Imposes New Mediation Disclosure Requirement On Attorneys

Earlier this month, Governor Brown signed new legislation (SB 954), which requires lawyers to provide their clients with a printed disclosure describing the confidentiality restrictions applicable to mediation. This...more

Holland & Knight LLP

ABA Explains When a Lawyer Must Tell a Client About a Mistake by the Lawyer

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• The American Bar Association's (ABA) Standing Committee on Ethics and Professional Responsibility recently released Formal Opinion 481 addresses the question when a lawyer who has made a mistake must tell the client about...more

Carlton Fields

Considerations Regarding Attorney-Client Privilege In The Joint Representation Of Multiple Clients

Carlton Fields on

The attorney-client privilege is one of the cornerstones of the legal profession. Despite the privilege’s sacrosanct nature, there are exceptions to the well-established rule that the communications between an attorney and...more

Hinshaw & Culbertson LLP

Trees Grow Back -- Paper Your File

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

Hinshaw & Culbertson LLP

Mistakes Happen - How to Respond When They Do

Attorneys are human. They make mistakes. However, how an attorney responds to a mistake may be more important than the mistake itself. In the face of potential civil liability, sanctions or disciplinary proceedings, care...more

Hinshaw & Culbertson LLP

Illinois Appellate Court Reinforces Rule Providing Immunity to Attorneys for Errors in Judgment

Judgmental immunity is alive and well in Illinois. Navar v. Tribler, Orpett & Meyer, P.C., 2015 WL 6163619 (Ill. App. Ct. Oct. 19, 2015). A recent Illinois appellate court decision held that a rule affording...more

Haight Brown & Bonesteel LLP

The Big Three: The 9th Circuit Joins The 6th Circuit and 7th Circuit in Holding That Sanctions For Bad-Faith Litigation Tactics...

In Law v. Wells Fargo Bank, N.A. (2015 S.O.S. 13–56099 – filed August 27, 2015), the Ninth Circuit joined the shortlist of Circuit Courts to hold that sanctions for bad-faith litigation tactics under 28 U.S.C. section 1927...more

Butler Snow LLP

Practicing Defensive Lawyering: Leaving No Stone Unturned In the Land Where the Unicorn is the National Symbol

Butler Snow LLP on

It’s easy to criticize medical professionals when we believe they are engaged in “defensive medicine”. The fear of legal liability in a future malpractice action sometimes drives medical professionals to order tests or take...more

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