Professional Liability Matters - Page 35 of 69

LATEST INSIGHTS

July 21, 2015 • Agents and Brokers, Professional Liability Matters

Negligence Claims Against Insurance Adjusters?

Claims professionals, a/k/a “adjusters” play an important role in evaluating and defending an insured claim as part of the tripartite relationship. When something goes wrong, it is not uncommon for the insured to turn on her attorney but the adjuster is never a target, right? Maybe not. At least two jurisdictions, New Hampshire and Alaska, permit claims of negligence against individual insurance adjusters on the theory that they owe a duty of ordinary care to conduct adequate investigations into an insured’s claim. Pennsylvania recently considered the issue and concluded that the Pennsylvania Supreme Court may permit such a claim against an insurance adjuster.

July 20, 2015 • Employment Practices Liability, Professional Liability Matters

Is Obesity a Disability?

A case currently pending before the Eighth Circuit will address whether ADA protections should extend to obese workers. With more than 2/3 of the US adult population considered overweight, recognition of obesity as a disability under the ADA – defined as physical or mental impairment that substantially limits major life activities – will result in accommodations and protections in unprecedented numbers.

July 14, 2015 • Ethics, Professional Liability Matters

99 Problems But A Conflict Ain’t One

Conflicts must always be at the forefront of an attorney’s mind throughout the life of an attorney-client relationship. An attorney’s first duty is to her client, but what happens when a witness in a case also seeks representation? Can you represent a party as well as a witness? Such a question creates the potential risk of disqualification, as illustrated by a recent lawsuit involving hip-hop mogul Jay-Z.

July 9, 2015 • Ethics, Professional Liability Matters

Case Closed? Ethical Obligations Upon Termination of Representation

Under Model Rules of Professional Conduct 1.15 and 1.16, a lawyer must safeguard a client’s property and deliver it promptly to the client upon the client’s request and upon termination of representation a lawyer shall take whatever steps are reasonably practical to protect a client’s interest. The ABA recently issued a formal opinion clarifying and updating a lawyer’s ethical obligations under these Rules and addressing practical considerations regarding the application of these Rules to practice.

July 1, 2015 • Employment Practices Liability, Professional Liability Matters

Employers: Adapt to Obergefell

Employers must adapt to Obergefell v. Hodges. Prior to the Supreme Court’s June 26, 2015 decision, many states did not require employers to recognize and provide benefits for married same-sex couples. Only 36 states and Washington D.C. legalized same-sex marriage. Now, the Supreme Court determined that the 14th Amendment requires states to license same-sex marriages and to recognize lawfully licensed same-sex marriages performed out-of-state. In light of this holding, employers must ensure that their policies, procedures and the benefits comport with federal law.

June 24, 2015 • Professional Liability Matters, Trial Tactics

Egregious Conduct Warrants Mistrial

e·gre·gious: adjective; outstandingly bad/shocking. In the malpractice context, egregious is used to describe conduct that is so extraordinary that it may violate the rules of Professional Conduct. What is considered egregious can vary depending on the circumstances of the case and often is defined by the end result. Take for example the following case, where counsel’s egregious conduct resulted in a mistrial. According to the court: “That word – egregious—is difficult to write, but nothing else seems adequate.”

June 23, 2015 • Ethics, Legal Malpractice, Professional Liability Matters

The Ethical Implications of Legal Ghostwriting

Ghostwriting on behalf of pro se litigants has sparked an interesting debate. Although unrepresented parties may be at a bit of a disadvantage when presenting their position to a represented adversary, some may take advantage of an attorney lending assistance behind the scenes. Legal ghostwriting is one form of “limited-scope representation”, or the unbundling of legal services, a practice in which a client retains an attorney for limited tasks as opposed to the traditional handling of all aspects of a matter. Rules regarding this practice vary widely by jurisdiction; many federal courts do not allow it but many state courts do.

June 18, 2015 • Employment Practices Liability, Professional Liability Matters

Attorney Lawsuit over Overtime Pay

Professionals often require additional assistance handling time-consuming, but routine, tasks. This is particularly apparent in complex litigation that involves voluminous discovery and document review. Not surprisingly, document review can quickly become one of the more labor-intensive and expensive stages of the case. In order to meet this challenge, many firms will hire temporary attorneys to review the discovery for privilege and scope. Before doing so, query whether these firms consider the overtime implications of the FLSA.