Legal Developments and Risk Management Tips Impacting the Professional Liability Community.
We wanted to take some time to wish you and your families a happy holiday season and all the best in the new year. 2025 has been a busy, active year in the world of professional liability and we appreciate you dropping by our site on a regular basis for emerging issues and up-to-date information. …
We’ve addressed some potential pitfalls in the past associated with litigation funding when it comes to attorney liability, including ethical considerations. (See HERE and HERE) Recently, a New York intermediate appeals court has affirmed a trial court’s order, holding the trial court correctly allowed defendants to seek materials related to the funding of plaintiffs’ litigation. …
According to media sources, including Bloomberg, the US Financial Accounting Standards Board (FASB) is adding crypto asset transfers to its agenda set for this week. What is the FASB? Founded in 1973, the FASB is an independent, private-sector, not-for-profit organization that establishes financial accounting and reporting standards for public and private companies and not-for-profit organizations that …
The defense of legal malpractice claims often hinges on a deceptively simple question: did the attorney breach their duty owed to the client? The crucial analysis often begins with an evaluation of the nature and scope of the attorney-client relationship. This relationship is the cornerstone of nearly all malpractice claims, as it gives rise to …
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 law might help lawyers advocate for clients, it could open a lawyer to liability from the lender, …
In a word, attorneys are advocates. Our role is to effectively represent our clients with an eye toward accomplishing the client’s goals. There are many resources available for us to do so, but there are also limits. One resource is the media and not just necessarily social media but old school, newsprint and other news …
Malpractice claims against attorneys, and the severity of those claims, continue to rise. In fact, legal malpractice claims have been trending up for the last 15 years or so. Whether that’s due to economic factors, the sheer number of attorneys, insurance implications or otherwise, clients are seemingly more willing to sue their attorney today than …
Under Rule 1.6(c)(4) of the Pennsylvania Rules of Professional Conduct — and similar rules in many states — a lawyer may disclose confidential client information “to the extent the lawyer reasonably believes necessary” to defend against criminal charges, civil claims, or disciplinary actions arising from allegations of misconduct. In other words, if a client sues for malpractice or accuses her …
Non-profit boards are the backbone of countless community institutions – from homeowners associations and religious congregations to private schools and arts organizations. Yet, when these boards face litigation, the dynamics of representation differ significantly from those in the corporate world. Defense counsel must not only manage legal strategy but also navigate the interpersonal and structural …
The only constant is change. Most lawyers will, at one time or another, make a lateral move. Whether for money, a more convenient commute, or simply averting burn out, lawyers, like most professionals, are drawn to new opportunities. There are a lot of firms in the US – over 417,000 – so the competition for …