News & Analysis as of

Attorney Malpractice Professional Responsibility

Freeman Mathis & Gary

Court orders reformation of settlement agreement where attorney should have notified opposing counsel of drafting error.

Freeman Mathis & Gary on

A recent Massachusetts Superior Court decision provides a cautionary tale for attorneys: you cannot take advantage of a drafting mistake by the opposing party. In Cahoon Capital Strategic Income Fund, LLC v. Ross, et...more

Marshall Dennehey

California Supreme Court Rejects Automatic Expungement of Attorney Disciplinary Records

Marshall Dennehey on

Last year, we reported on a California State Bar initiative to expunge attorney discipline records, other than disbarment, after eight years. See Legal Updates for Lawyers’ Professional Liability – February 2025. The proposed...more

Clark Hill PLC

Poteat v. Asteak: Pennsylvania Court Effectively Extends the Statute of Limitations for Legal Malpractice Claims

Clark Hill PLC on

On Dec. 11th, the Superior Court released its long-awaited opinion in Poteat v. Asteak regarding the applicability of the gist of the action doctrine in legal malpractice matters, holding it does not apply and essentially...more

Goldberg Segalla

No Privity, No Claim?

Goldberg Segalla on

The defense of legal malpractice claims often hinges on a deceptively simple question: did the attorney breach their duty owed to their client?...more

Robinson+Cole Data Privacy + Security Insider

MA Office of Bar Counsel Pens Guidance for Lawyers Using AI

Continuing the weekly blog posts about lawyers using AI and getting in trouble, the Massachusetts Office of Bar Counsel recently issued an article entitled “Two Years of Fake Cases and the Courts are Ratcheting Up the...more

EDRM - Electronic Discovery Reference Model

When AI Policies Fail: The AI Sanctions in Johnson v. Dunn and What They Mean for the Profession

The Johnson v. Dunn sanctions order proves that firm policies and experience aren’t enough—only rigorous verification prevents AI citation disasters...more

Marshall Dennehey

California Initiates Automatic Expungement of Attorney Disciplinary Records

Marshall Dennehey on

In a first-of-its-kind move, the California State Bar endorsed a plan to expunge attorney discipline records—other than disbarment—after eight years. The practical effect of the move is that public discipline would no longer...more

Hinshaw & Culbertson LLP

[Event] 24th Annual Legal Malpractice & Risk Management (LMRM) Conference - March 4th - 6th, Chicago, IL

Hinshaw's annual Legal Malpractice & Risk Management (LMRM) Conference is the industry's gold standard for advice on litigating legal malpractice claims and navigating legal malpractice insurance, professional responsibility,...more

Hinshaw & Culbertson LLP

[Event] 23rd Annual Legal Malpractice & Risk Management Conference (LMRM) - March 5th - 7th, Chicago, IL

Hinshaw & Culbertson LLP on

Hinshaw's annual Legal Malpractice & Risk Management (LMRM) Conference is the industry's gold standard for advice on litigating legal malpractice claims and navigating legal malpractice insurance, professional responsibility,...more

Hinshaw & Culbertson LLP

[Event] 22nd Annual Legal Malpractice & Risk Management Conference (LMRM) - March 7th - 9th, Chicago, IL

Do you have plans for March 7-9? Join us at Hinshaw's 22nd Annual Legal Malpractice & Risk Management Conference (LMRM) at The Ritz-Carlton Chicago. Register by January 27 to take advantage of the Early Bird Discount. Join...more

Woodruff Sawyer

Do In-House Lawyers Need Insurance Coverage for Malpractice?

Woodruff Sawyer on

As the litigation environment for directors and officers gets more intense, in-house lawyers are asking the question: Do I need malpractice insurance? It’s a good question. If needed, the type of insurance in-house counsel...more

Hinshaw & Culbertson LLP

[Event] 21st Annual Legal Malpractice & Risk Management Conference (LMRM) - March 1st - 3rd, Chicago, IL

Please join us for the 21st Annual Legal Malpractice & Risk Management Conference (LMRM) for one-and-a-half days of practical and engaging panel sessions focused on current and important developments in the law, litigation of...more

Hinshaw & Culbertson LLP

[Virtual Event] 20th Annual Legal Malpractice & Risk Management (LMRM) Conference - March 2nd - 4th, 10:00 am - 3:00 pm CT

Please join us for the 20th Annual Legal Malpractice & Risk Management (LMRM) Conference—An All New Virtual Experience for three half-days of practical and engaging online programming focused on current and important...more

Hinshaw & Culbertson - Lawyers' Lawyer...

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - Halloween 2020

Firm Administration – Expense Reporting – Oversight – Discipline - Trick or Treat Editors' Note: Aside from a global pandemic, is there anything more bizarre and troubling than lawyers stealing seemingly paltry sums from...more

Hinshaw & Culbertson - Lawyers' Lawyer...

The Lawyers' Lawyer Newsletter – Recent Developments in Risk Management – September 2020

Prospective Clients – Duty of Confidentiality – Potentially Harmful or Disqualifying Information ABA Formal Opinion 492 (June 9, 2020) - Risk Management Issue: When dealing with prospective clients, what steps can a lawyer...more

Hinshaw & Culbertson - Lawyers' Lawyer...

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - June/July 2020

Confidentiality – Electronically Stored Information – Unauthorized Access - The State Bar of California's Standing Committee on Professional Responsibility and Conduct Formal Opinion Interim 16-0002 - Risk Management...more

Rivkin Radler LLP

NY Court of Appeals Issues New Decision Regarding Judiciary Law § 487 Claims

Rivkin Radler LLP on

The New York State Court of Appeals recently issued an important opinion on a question that often arises in legal malpractice cases: What consequences befall attorneys who encourage their client to bring a case that they know...more

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