Professional Liability Matters - Page 46 of 69

LATEST INSIGHTS

July 29, 2014 • Professional Liability Matters, Real Estate Professionals

Open House = Open to Liability? Broker Liability to Open House Attendees

Open houses and showings are a critical part of any real estate broker’s job. More often than not, prospective buyers want to look at the property before committing. But what happens when a prospective buyer is injured while touring a property? Does a listing agreement impose a duty upon a real estate agent to ensure a property is safe before showing it? Is a listing agent a legitimate target of an injured open house guest? Nope, according to a recent decision out of Illinois. But that is not always the case.

July 24, 2014 • Legal Malpractice, Professional Liability Matters, Risk Management

Unpunished Good Deeds: Pro Bono Considerations

Pro bono work is an important, and often fulfilling, aspect of an attorney’s practice. For those in financial hardship, the pro bono attorney may spell the difference between hope and disaster. However, some attorneys may hesitate to take on a pro bono assignment because they are wary of the potential for malpractice exposure. Indeed, one report found about half of all attorneys surveyed identified lack of malpractice coverage as a factor discouraging participation. This and other concerns are warranted. While pro bono work is to be encouraged in the appropriate circumstance, there are risk factors to consider before doing so.

July 22, 2014 • Legal Malpractice, Professional Liability Matters

Forum Shop to Avoid Malpractice

Have you considered the possibility that attorneys are susceptible to malpractice for failing to initiate suit in the venue most advantageous to their client? Forum shopping is a common term for the practice of initiating a claim in the court thought most likely to provide a favorable judgment. Whether it’s due to the laws of that jurisdiction, a more sympathetic audience, convenience, the fact-finder, or myriad other considerations, the venue may make a big difference. But, as we learn from a recent decision, the attorney that picks the wrong door may be exposed to a malpractice suit.

July 15, 2014 • Legal Malpractice, Professional Liability Matters

Study: 2013 Legal Malpractice in Review

The recent recession contributed to a surge in legal malpractice claims. Feeling the pinch, financially strapped clients sought ways to recoup legal fees and litigation losses. The result was an uptick in claims against attorneys. Now that the economy has turned somewhat, one would expect to see a decline in legal malpractice claims. This is somewhat true according to a recent survey. While the overall number of claims has dropped, the severity of claims is on the rise. Also, the types of malpractice claims from 2013 may be telling of what the future holds for the malpractice community.

July 10, 2014 • Privileges, Professional Liability Matters

Sanctions for Improper use of the AC Privilege?

The attorney-client privilege does not provide an excuse to withhold all damaging documents. Documents in an attorney’s possession are not necessarily privileged and the refusal to produce discoverable materials may be grounds for sanctions. A Massachusetts court is currently considering whether a prominent, global law firm should be sanctioned for the allegedly imprudent conduct of a former partner. An appellate panel ruled that the trial court erred in deciding that the partner acted in good faith when he invoked the work-product doctrine to conceal key information in a suit against a former client. The appellate court has yet to determine whether sanctions are appropriate.

July 8, 2014 • Ethics, Legal Malpractice, Professional Liability Matters

The Ethics of Lateral Moves

Attorneys are on the move. Today’s lawyers rarely stay at the same firm for the duration of their career. Rather, it has become commonplace for associates, partners, of counsel, shareholders, members and any other type of attorney to move at least once before settling on a long-term professional home. Some attorneys leave for money. Some for opportunity or geography. Some leave for personal reasons. Some attorneys may switch firms in the hope that they can transfer business to firms better suited to their particular practice area, or that can better meet their clients’ needs. Regardless of the motivation behind a lateral move, attorneys must consider the ethical consequences of leaving one firm for another.

July 2, 2014 • Professional Liability Matters, Trial Tactics

Using Good Judgment Before Seeking Summary Judgment

For the defense bar, a motion for summary judgment can be an incredibly effective litigation tool. The successful motion puts an immediate end to a matter before trial, can limit the issues in dispute, or can provoke more reasonable settlement discussions. The MSJ unclogs dockets and saves litigants and courts time, effort, and money. But statistics suggest that MSJ’s are rarely granted and are often expensive to prepare. So defense practitioners should be asking themselves: is this the appropriate case to file an MSJ? The following tips may help in your analysis.

July 1, 2014 • Legal Malpractice, Privileges, Professional Liability Matters

Confidentiality Provisions: From Shield to Sword?

Mediation may provide an efficient and effective path toward settlement. But, as we discussed in prior posts, settlements sometimes unhinge or litigants may have a change of heart. Despite the tools that we previously recommended to avoid this scenario, a litigant may ultimately conclude that her settlement was not the best option and turn on her attorney with a malpractice claim. Given that mediation sessions are confidential (whether by agreement or law or otherwise) and discussions during mediation cannot be utilized at trial, some attorneys on the wrong end of a malpractice claim have attempted to use the confidentiality shield as a sword. Does this work? Read on to find out.