News & Analysis as of

Attorney Malpractice Attorney-Client Privilege

The Lawyers' Lawyer Newsletter - Halloween Issue October 2017

by Hinshaw & Culbertson LLP on

Client Intake — Due Diligence — Liability to Parties Other than Client — Holding Funds in Trust - P&P Property Ltd. V. Owen White & Catlin LLP, et al. 2016 WL 05484797 (English High Ct. of Justice, Chancery Div. 2016)...more

Clear Notice of Alteration of the Attorney-Client Relationship

by Wilson Elser on

In Thomas Cesso v. Gary Owen Todd, Massachusetts Appeals Court 16-9-76 (August 28, 2017), the Massachusetts Appeals Court held that filing a notice of withdrawal does not necessarily terminate the attorney-client...more

Arizona Court of Appeals Confirms Attorney-Client Privilege Holder Must Affirmatively Inject Attorney-Client Communications Into...

by Jaburg Wilk on

The Holding - In Robert W. Baird & Co. Inc., v. The Honorable Christopher Whitten, 2017 WL 4296583 (Ariz. App. Sep. 28, 2017) (774 Ariz. Adv. Rep.4), the Arizona Court of Appeals just held that a legal malpractice...more

Accountant and Attorney Liability NewsBrief - Summer 2017

by LeClairRyan on

Compliance programs - policies and procedures designed to prevent violations of laws,c rules and regulations – have become a big deal. That’s because government regulators and enforcers closely scrutinize companies that...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - April 2017

by Hinshaw & Culbertson LLP on

Attorney-Client Privilege – Invoices to Public Entity Client – Ongoing Litigation - Los Angeles Cty. Bd. of Supervisors v. Superior Court, 2 Cal. 5th 282, 386 P.3d 773 (2016) - Risk Management Issue: May a law firm's...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

Connecticut Trial Court Addresses Administrative Agency's Targeting of Law Firms Under the State Unfair Trade Practices Act

by Pullman & Comley, LLC on

In a December 5, 2016 decision, a Connecticut trial court (Huddleston, J.) addressed the limitations on the Connecticut Commissioner of Consumer Protection in enforcing a so-called "investigative demand" served under the...more

Wake-Up Call: Law Firms in the Cybersecurity Crosshairs

Last week marked the first time a U.S. law firm was publicly named in a class action data security lawsuit. Originally filed in April 2016, the class action complaint in Shore v. Johnson & Bell, Ltd., 16-cv-4363 (N.D. Ill.),...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

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

by Hinshaw & Culbertson LLP on

Aiding and Abetting the Unauthorized Practice of Law — Conducting a Due Diligence Background Check for Incoming Lawyers and Lateral Hires - The Case: Kimberly Kitchen began working at BMZ Law PC part-time in 2005. She...more

Who’s the “Real Client”? Attorney-Client Privilege Between Firm In-House Counsel And Other Firm Lawyers

While attorneys provide legal advice to their clients, they are sometimes the recipients of such advice from their own counsel, including in-house firm counsel. Agreeing with recent decisions by the highest courts of Georgia...more

Make sure your emails don't turn into evidence

by Dentons on

Sometimes the first notice of a legal malpractice claim is a demand or a complaint. However, attorneys or law firms often become aware of a claim through threats from the client during the course of a representation or...more

ALERT: New York Appellate Court Recognizes In-Firm Privilege

by Pullman & Comley, LLC on

July 7, 2016 David P. Atkins On June 30, 2016, the New York State Appellate Division for the First Department (Manhattan) issued a significant decision on the scope of the so-called in-firm attorney-client privilege....more

What Attorneys Can Learn from History’s Largest Data Breach

by Wilson Elser on

On April 3, 2016, the public learned that millions of client documents from the Panamanian law firm and corporate services provider Mossack Fonseca & Co. (MF) had made their way to an international organization, the...more

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

by Hinshaw & Culbertson LLP on

Conflicts of Interest — Subject Matter Conflicts — Can IP Attorneys Simultaneously Represent Two Clients That Are Prosecuting Patents for Similar Inventions? - Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner,...more

Colorado Supreme Court Upholds the "Strict Privity Rule" When Interpreting Attorney-Client Relationship

by Hinshaw & Culbertson LLP on

Baker v. Wood, Ris & Hames, Professional Corporation, 364 P. 3d 872 (January 16, 2016) - Brief Summary - Colorado Supreme Court, en banc, analyzed whether dissatisfied beneficiaries of a testator-client's estate...more

Avoiding the Upsurge in Trust, Probate and Estate Planning Malpractice

by Hinshaw & Culbertson LLP on

The number of lawsuits against trust, probate and estate planning attorneys has significantly increased over the last several years. Today, trust, probate and estate planing attorneys are charged with legal malpractice and...more

Summary of California Appellate Decisions -August 2015

Insurance; Duty To Defend; Insurance Coverage; Intentional Acts; Sexual Misconduct - Gonzalez v. Fire Insurance Exchange (2015) 234 Cal.App.4th 1220, 184 Cal.Rptr.3d 394 (WL 960927) - Facts: This is an...more

Professional Liability Alert: Joint Client Can't Claim Privilege For Communications With Attorney Sued By Another Joint Client

In Anten v. Superior Court (No. B258437 – Filed 1/30/2015), the Second Appellate District held that when joint clients do not sue each other, but one of them sues their former attorney, the nonsuing client cannot prevent the...more

Professional Liability and Attorney-Client Privilege Bulletin: Intra-Law Firm Communications

In a case of first impression in California, Edwards Wildman Palmer LLP v. Superior Court (No. B255182 - filed November 25, 2014), Division Three of the Second District Court of Appeal addressed the question of whether the...more

Accountant and Attorney Liability Newsbrief - Fall 2014

by LeClairRyan on

In This Issue: - Attorneys’ E-mails to Client’s Independent Contractor May Be Protected by Attorney-Client Privilege - New York Appeals Court Decision Allows Predecessor Counsel to Place Equal Blame on Successor...more

Clear as mud? Understanding your ethical duties as a “dirt” lawyer

by Nexsen Pruet, PLLC on

1. Do you “reply to all” on emails? Should you? With the ease of email communications, thought needs to be given before you respond to an email and hit “reply to all.” With traditional correspondence by mail to opposing...more

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Cybersecurity

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