More Risks to Consider When Using Contract Attorneys
Our previous article, "What to do When Hiring a Contract Attorney" (Daily Report, June 15, 2015), discussed some of the rewards and risks of using contract attorneys. Based on the response from...
View ArticleSeventh Circuit warns insurance companies who refuse to defend their insureds
The Seventh Circuit Court of Appeals recently issued “a warning for insurance companies who refuse to defend their insureds.” In National American Insurance Company v. Artisan and Truckers Casualty...
View Article8th Circuit affirms core tenet of claims-made insurance coverage
The Eighth Circuit Court of Appeals recently reaffirmed that claims-made policies only provide coverage when “the error or omission is discovered and brought to the insurer’s attention during the term...
View ArticleWhoops - Legal Malpractice Prevention - Enforcing ADR Provisions in Fee...
Attorneys and law practices have been experimenting with strategies to collect unpaid client fees while limiting the risk of malpractice claims. One approach involves the use of alternative dispute...
View ArticleHow to prevent data theft from lost devices
Technology can be a blessing and a curse for attorneys. While technology enables attorneys to be able to conduct business on the go, it also puts client and firm data at risk. In the United States,...
View ArticleReduce the Risk of Malpractice Claims - Whoops - Legal Malpractice Prevention
Legal malpractice claims just keep coming. Rarely does a week go by without another article about a new high-profile legal malpractice lawsuit. Sometimes, these claims are the result of a simple...
View ArticleFive Mistakes to Avoid When Facing a Legal Malpractice Claim - Whoops—Legal...
Legal malpractice claims are bad enough. Unfortunately, many attorneys respond in a way that makes them worse, transforming legal malpractice claims into litigation nightmares. A straightforward claim...
View ArticleTop tips for firms hiring contract attorneys
With rate pressures and expenses mounting, law firms are looking for new ways to make ends meet. One area that seems to be exploding is the use of contract, or freelance, attorneys. Often, these...
View ArticleCasual Advice Can Be Binding - Whoops – Legal Malpractice Prevention
Virtually all attorneys know that the Rules of Professional Conduct prohibit certain conflicts of interest. Yet, almost daily, the legal media report large settlements or verdicts involving legal...
View ArticleAttorney impairment is on the rise; here's how to fight back
Attorneys work long hours under intense pressure. Because stress levels are high, attorneys often look for ways to blow off steam, leading to a "work hard, play hard" motto for those in the practice of...
View ArticleHow an attorney should handle a mistake
Although there are steps that attorneys can take to reduce the likelihood of making an error, mistakes still happen in the course of an attorney-client relationship. An attorney might miss a tax lien...
View ArticleA few words of caution for partners and associates
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....
View ArticleBeware of informal relationships and conflicts
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...
View ArticleEffective calendaring and email systems prevent claims Whoops – Legal...
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,...
View ArticleCybersecurity: You can't afford to ignore it anymore
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...
View ArticleCybersecurity, Part 2: Firms should avoid these common mistakes
The idea of cybersecurity may be foreign—or even frightening—to many attorneys. However, as evidenced in Part One of this series ("Cybersecurity: You Can't Afford to Ignore It Anymore," April 25) law...
View ArticleCybersecurity, Part 3: Identifying solutions
Cybersecurity issues are constantly evolving. Indeed, even since the first article in this series was published, it was announced that plaintiffs law firm Edelson PC has already filed a privacy class...
View ArticleAttorneys must be precise in representations to court
On May 19, Judge Andrew Hanen of the US District Court for the Southern District of Texas issued a scathing order criticizing the conduct of several Department of Justice attorneys defending the...
View ArticleDon't wait for the new year to close old files
Most attorneys and law practices generally understand which clients are no longer clients and which matters should be closed. Although closing files is not complicated, it typically only happens if...
View ArticleExercising attorney-client privilege over in-house communications
Law firm in-house counsel privilege is once again in the news, with New York joining other states, including Georgia, in upholding the attorney-client privilege for in-house counsel...
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