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So, You Made a Mistake. Do You Need to Tell Your Client?

Consider the following hypothetical. A corporate client hires a lawyer in connection with purchasing a controlling interest in an LLC. The lawyer structures the deal to lower the client's tax liability based on his assumption...more

[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

Fee Sharing Between Lawyers Under ABA Rule 1.5(e): How to Protect Yourself and the Client

I. Introduction - When done correctly, fee-sharing arrangements between lawyers can be lucrative for lawyers while simultaneously maximizing the quality of legal representation for the client without increasing the cost....more

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

[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

[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

Defendant’s Due Process Rights Violated When Counsel’s Remote Technology Prevented Meaningful Participation in Trial

In a case of first impression, the Texas Court of Appeals held that a party's due process rights were violated where, shortly before trial, (1) its lead counsel was ordered by his physician not to appear in person for trial...more

According to the California Court of Appeals, An Attorney's Failure to Disclose Lack of Professional Liability Insurance Renders...

Hance v. Super Stores Industries, 2020 Cal. App. LEXIS 60 (Cal. App. Ct. Jan. 23, 2020) - A pair of plaintiffs' class action attorneys, who were seeking court approval of a settlement agreement in their case, had a...more

According to Tenth Circuit, "Continuous Representation" Doctrine Does Not Toll Legal Malpractice Statute of Limitations Under New...

Cahn v. Word, 2020 U.S. App. LEXIS 193 (10th Cir. Jan. 6, 2020) - Brief Summary - The U.S. Court of Appeals for the Tenth Circuit held that the four year statute of limitations applicable to legal malpractice actions in...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - December 2019

Advertising – Internet – Keyword Purchase - N.J. Advisory Comm. on Prof'l Ethics, Formal Op. 735 (2019) - Risk Management Issue: May a lawyer ethically advertise using online keyword technology, including the purchase...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - Halloween 2019

Insurance Coverage – Computer Fraud – E-Mail "Spoofing" - Trick or Treat Editors' Note: Does anything cause deeper mortal terror than the prospect of an uncovered loss? In a tale that has an all-too infrequent happy ending...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - April 2019

Engagement Agreements – Description of Scope of Representation – No Liability for Failing to Act Outside the Scope of the Agreement - Attallah v. Milbank, Tweed, Hadley, 2019 NY Sup. Ct. Slip Op 00583 (January 31, 2019)...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - March 2019

Insurance Coverage – Computer Fraud – E-Mail “Spoofing” - Medidata Sols., Inc. v. Fed. Ins. Co., 729 Fed. Appx. 117 (2d Cir. 2018), 2018 U.S. App. Lexis 18376, 2018 WL 3339245 - Risk Management Issue: Is e-mail “spoofing”...more

Wisconsin Court of Appeals Holds Judge's Undisclosed Facebook Friendship with Litigant is Objectively Bias and Violates Due...

In re: The Paternity of B.J.M.: Miller v. Carroll, Appeal No. 2017AP2132 (Wisc. App. Ct., February 20, 2019) - Brief Summary - The Wisconsin Court of Appeals has held that the establishment of an undisclosed Facebook...more

3/13/2019  /  Bias , Due Process , Facebook Friends

Florida Court Holds Insurer Lacks Standing to Sue Defense Counsel for Legal Malpractice

Arch Ins. Co. v. Kubicki Draper, LLP, 2019 Fla. App. LEXIS 886 (Fla. Dist. Ct. App. Jan. 23, 2019) - The Florida Fourth District Court of Appeal held that an insurer does not have standing to sue defense counsel for legal...more

Colorado Supreme Court Holds That Plaintiff Must Bear Burden of Proving Collectibility in Legal Malpractice Actions

LeHouillier v. Gallegos, 2019 Colo LEXIS 89 (Jan. 28, 2019) - Brief Summary - The Colorado Supreme Court concluded that the plaintiff in a legal malpractice case must bear the burden of proving "collectibility" as part...more

The Lawyers' Lawyer Newsletter - Halloween Issue - October 2018

TRICK OR TREAT! - As Halloween nears, and the Great Pumpkin readies itself to visit, the editors of the Halloween edition of the Lawyers’ Lawyer Newsletter invite you to enjoy the suspenseful but hair-raisingly narrow...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - January 2018

Prospective Clients – Avoiding Communication of Confidential Information Except as Needed to Check for Conflicts of Interest - Mt. Hebron Dist. Missionary Baptist Assoc. of Al., Inc. v. Sentinel Ins. Co., 2017 U.S. Dist....more

Massachusetts Supreme Court Holds That "Self-Help Discovery" Is Protected Activity

Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., 474 Mass. 382 (2016) - Brief Summary - The Massachusetts Supreme Court held that it is "protected activity" (i.e., conduct that an employee may engage...more

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