News & Analysis as of

Attorney Malpractice Risk Management

Hinshaw & Culbertson LLP

[Event] 25th Annual Legal Malpractice & Risk Management (LMRM) Conference - March 3rd - 5th, 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

Freeman Mathis & Gary

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

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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

Goodell, DeVries, Leech & Dann, LLP

Start the New Year Right

Most of us have a process for closing out the old year and starting the new one. It’s natural to turn the page when starting a new year because it matches our biorhythms. Originally Published in The Daily Record - January...more

Bradley Arant Boult Cummings LLP

Relationship Limits: 11th Circuit Reins in Scope of “Relating To” in Insurance Policy Exclusions

Insurers often rely on introductory phrases in exclusions, such as the phrase “relating to,” to expand the scope of exclusions beyond all reasonable bounds. The Eleventh Circuit recently reaffirmed that insurance exclusions —...more

Freeman Mathis & Gary

Are you actually covered? A cyber insurance warning for real estate attorneys

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For real estate practitioners, this might be the most important client alert you read this year. Imagine this scenario: you are a real estate closing attorney who has received the funds necessary to pay off a seller’s...more

Goldberg Segalla

The Pitfalls of Litigation Funding

Goldberg Segalla on

Over the past decade, there has been a substantial rise in the number of attorneys using litigation funding to help prosecute or defend a case. This area is largely unregulated in New York. While this new way of practicing...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

Gallagher

Insurance for In-House Counsel: Understanding “Employed Lawyer” Policies

Gallagher on

Do in-house lawyers need their own malpractice insurance? Some might. If needed, the type of insurance in-house counsel should explore is called employed lawyers professional liability (ELPL) insurance. This insurance...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

Integreon

Cybersecurity, Wire Fraud, and Attorney Liability: The Growing Risk Landscape

Integreon on

Wire transfer fraud is on the rise, and attorneys are increasingly becoming prime targets for cybercriminals. With billions lost annually to fraudulent transactions, legal professionals who fail to implement robust...more

Miles Mediation & Arbitration

Mandatory Mediation Clauses in Retainer Agreements

We often settle legal malpractice claims before they result in a publicly filed lawsuit. Many of our clients, who are lawyers, want to avoid a public lawsuit, but once a suit is filed, they want to be vindicated by a...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

Marshall Dennehey

Key Differences Between Disciplinary Matters and Civil Litigation

Marshall Dennehey on

One of the most important things for an attorney to understand when faced with a disciplinary proceeding is that the disciplinary process is not civil litigation. An attorney who understands the differences between a...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 - Lawyers for the...

Federal District Court Holds That Engagement Letter Limited Scope of Law Firm's Duties

The United States District Court for the Northern District of Illinois, Eastern Division, granted defendant law firm's motion to dismiss the complaint filed by plaintiff—Today's Growth Consultant Inc.—a former client of the...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

Gallagher

Do In-House Lawyers Need Insurance Coverage for Malpractice?

Gallagher 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

Allen Matkins

Law Firm Does Not Purposely Avail Itself Of The "Benefits" Of California As A Forum

Allen Matkins on

The issue of where an attorney is practicing law is a vexing one in light of modern technology which allows attorneys and their clients to be located just about anywhere in the world.  The Covid-19 pandemic has exacerbated...more

Pullman & Comley, LLC

ABA Ethics Committee Weighs in on Practicing Law Virtually

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In  Formal Opinion 498, issued on March 10, 2021, the American Bar Association’s Standing Committee on Ethics and Professional Responsibility has provided some guidance on the ethical obligations triggered when a lawyer...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 – August 2020

Representing the Estate Executor – Ethical Duty – Confidentiality – Withdrawal - New York State Bar Association Ethics Opinion No. 1194 - Risk Management Issue: Does a lawyer for an estate executor have an ethical duty...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

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