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…
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/ Business Organizations, Law Practice Products & Services, Professional Malpractice, Taxation
In states with Financial Elder Abuse statutes, legal malpractice claims by seniors invoking those statutes are common. These laws are generally understood to address the conversion of property of elderly or dependent adults…
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/ Professional Malpractice, Wills, Trusts, & Estate Planning
It seems as though every day, there is a story in the legal news about a well-known law firm facing a disqualification motion. While disqualification motions are being filed more frequently, that is only half the story. Such…
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/ Civil Procedure, Law Practice Products & Services, Professional Malpractice
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…
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/ Business Torts, Civil Procedure, Professional Malpractice
Ideally, the attorney-client relationship begins once a signed written engagement agreement is in place, which clearly outlines the clients who will be represented and the agreed scope of legal services. A properly drafted…
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/ Civil Procedure, Law Practice Products & Services
Congratulations, you won (or more likely settled) the case! Your last invoice has been paid, you have closed out the file, and after a handshake from your thankful client, you are ready to move on to your next matter. There is…
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/ Law Practice Products & Services
The COVID-19 pandemic, along with government stay-at-home orders, required millions of professionals to work from home, including attorneys. However, as the pandemic comes to an end, many attorneys wish to continue to work from…
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/ Law Practice Products & Services
The duty of loyalty is the highest duty that a lawyer owes to a client. Indeed, it can be argued that all of the duties that an attorney owes to a client are derivative of the duty of loyalty. Not surprisingly, conflicts of…
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/ Law Practice Products & Services, Professional Malpractice
We have come a long way from the era when only criminal defense attorneys dealt with violations of cannabis laws. Today legalized cannabis is a burgeoning area of law that has many firms, large and small, trying to get a piece…
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/ Law Practice Products & Services
The Business of Ransomware – A New Normal -
In the first half 2021, Accenture reported triple-digit growth in cyber intrusion activity including ransomware attacks on the world's legal, accounting, and insurance industries. In…
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/ Law Practice Products & Services, Privacy, Science, Computers, & Technology
The recent case of Edelson, P.C. v. Girardi, et al.[i] shows what can happen when a fee-sharing agreement goes bad. Edelson, P.C. claims that it acted as Illinois local co-counsel for California law firm Girardi Keese under an…
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/ Law Practice Products & Services
The #FreeBritney movement catapulted the ethical challenges of conservatorships into the public eye. Pop icon Britney Spears, whose father was appointed as her conservator in 2008, stands at the center of this cultural…
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/ Law Practice Products & Services, Wills, Trusts, & Estate Planning
It's one of the most gut-wrenching events in a lawyer's practice when they suspect the client is lying about the facts to cover up fraudulent or criminal activity. The client may be hiding liabilities when applying for a loan or…
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/ Law Practice Products & Services, Professional Malpractice
Life happens fast. Blink, and you may miss important legal ethics opinions that capture the latest risk management trends. Our New Year's Edition of the Lawyers' Lawyer Newsletter highlights 11 opinions from 2021 that may not…
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/ Law Practice Products & Services, Professional Malpractice
Welcome to the Thanksgiving edition of the Lawyers' Lawyer Newsletter. In this edition, we consider an attorney's ethical obligations when facing a subpoena—whether issued by the court or an individual attorney—seeking…
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/ Civil Procedure, Law Practice Products & Services
