Legal Malpractice

Category: Legal Malpractice

May 6, 2014 • Ethics, Legal Malpractice, Professional Liability Matters, Technology

Legal Zoom’s Business Model Prompts Ethical Debate

As the legal industry evolves, attorneys and would-be clients continue to experiment with alternatives to the standard law firm model. Some websites offer do-it-yourself standardized legal forms for basic legal needs such as will preparation, lease agreements or corporate formation documents. You’ve probably seen the commercials for Legal Zoom, Nolo, RocketLawyer and others. But, what is actually for sale? Has an attorney drafted these documents? If so, are these attorneys subject to professional malpractice exposure? If not, are these sites engaged in the unauthorized practice of law? These are hot issues in many states. Notably, according to a recent opinion out of South Carolina, Legal Zoom’s practices are consistent with the rules of professional conduct.

April 17, 2014 • Legal Malpractice, Professional Liability Matters, Risk Management

Alternative Litigation Financing Sparks Malpractice Claim

A modern-day offshoot of the contingency fee arrangement is “alternative litigation financing.” Also known as third-party litigation financing, A.L.F. is the practice of making cash advances, usually to a litigant, to be repaid from the proceeds from the litigation. There is plenty of room for debate the pros and cons of this developing trend. Supporters may argue that this practice allows an injured plaintiff to take an “advance” on an anticipated recovery to address financial hardship before reaching a settlement or verdict. This is particularly useful for injured plaintiffs who cannot return to work. But attorneys associated with litigation financing may be susceptible to claims when something goes awry.

April 9, 2014 • Legal Malpractice, Professional Liability Matters, Risk Management, Trial Tactics

Closing Arguments: It’s Business, Nothing Personal

If trial is a performance, than the closing arguments is clearly the final act. Attorneys channel their inner-actor and perform for the jury with an eye toward persuading the fact-finders to rule in their client’s favor. Every attorney has a personal style during closings. Some are assertive, some conservative. Many attorneys look for creative ways to convey their points. However, there is significant risk that unusual closings may go too far and jeopardize the case, or worse. Take for example the recent reversal of a $900,000 award due to counsel’s improper attempt to enhance her client’s alleged damages during closing arguments.

April 8, 2014 • Legal Malpractice, Professional Liability Matters, Risk Management

Failure to Disclose Health Condition is Grounds for Malpractice

Attorneys have an ethical duty to keep a client reasonably informed about the status of the representation. The rules of professional conduct generally require a lawyer to provide the client with sufficient information to participate intelligently in decisions concerning the objectives of the representation. Fulfilling this ethical obligation, however, may sometimes require the attorney to inform the client about personal matters that may affect the attorney’s ability to represent the client’s interest. For example, an attorney may be obligated to disclose her own health condition to a client, especially when imminent death is foreseeable.

March 26, 2014 • Cyber-Liability, Legal Malpractice, Professional Liability Matters

Insider Trading at Law Firms? You Bet.

Law firms house a treasure trove of sensitive documents, confidential information, trade secrets and other materials of immeasurable value. Most professionals are aware of these risks and take steps to safeguard cyber and hard copy materials. Yet, the frightening ease with which materials land in the wrong hands was made public recently when a stock broker and a law firm employee were arrested on charges of fraud in connection with a $33 million insider trading scheme.

March 25, 2014 • Ethics, Legal Malpractice, Professional Liability Matters

Lying During Settlement Negotiations

Attorneys are bound by strict ethical rules that mandate truthfulness in statements to others. However, when it comes to settlement discussions, many attorneys channel their inner Pinocchio and lie, exaggerate, mislead, bluff, bend the truth, and misrepresent. In an effort to be a zealous advocate and obtain a favorable result for our clients, attorneys must negotiate without revealing the true bottom line. But, there is a point when a little lie is actually an ethical violation. Where does the line fall between puffery and improper misrepresentations?

March 20, 2014 • Ethics, Legal Malpractice, Professional Liability Matters

Attorney Reprimanded for Criticizing Out-of-State Judges

Attorneys are expected to show the utmost respect when appearing before the judiciary. There is a line that differentiates zealous advocacy and disrespect. In a recent decision, a New Jersey attorney learned a valuable lesson about bad mouthing the court, even if that court sits in another jurisdiction.

March 14, 2014 • Legal Malpractice, Professional Liability Matters

Attorney-Client Privilege Put to the Test

Although many attorneys may hate to admit it, the attorney-client privilege has its limitations. Of course, this long-standing privilege protects confidential communications made by a client to her attorney for the purpose of seeking legal advice. By protecting these confidential communications, clients are encouraged to disclose all pertinent information to their attorneys. Particularly in the private sector, the attorney-client privilege enjoys wide latitude. However, a recent Pennsylvania Supreme Court decision suggests that the issue of whether the privilege extends to government entities and the attorneys who represent them is a more challenging issue for courts.

March 11, 2014 • Ethics, Legal Malpractice, Professional Liability Matters

Confidentiality Issues in High Profile Litigation

It was nearly 20 years ago when a white Ford Bronco sped down an Los Angeles highway containing O.J. Simpson. Some believe that the trial that followed changed litigation, but there have been a number of trials that have garnered international attention since: Oscar Pistorius, Michael Jackson, and Amanda Knox are more recent examples. Attorneys involved in high-profile litigation have unique responsibilities to consider when balancing obligations to the client with immense pressure imposed by the media and the public. In particular, confidentiality issues are prevalent in these types of cases as the media probes for sexy details. This makes an attorney’s job more difficult. Confidentiality agreements may help, but they are not a sure thing as demonstrated by a recent decision.