Professional Liability Matters

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August 1, 2013 • Legal Malpractice, Professional Liability Matters, Risk Management

Unringing the Bell: Clawback Provisions and Inadvertent Document Production

Technological advancements have prompted an explosion in electronically stored information (ESI). A single laptop computer is capable of holding more than 2,000 banker’s boxes of paper, and a smart phone with 16 GB of memory can hold roughly the equivalent of 1,000,000 printed pages. Given the potential value of this data, litigants are routinely requesting ESI during discovery. At the same time, lawyers responding to these requests are faced with the Herculean task of sorting through mountains of evidence to remove privileged or confidential documents. This presents a risk management nightmare.

July 31, 2013 • Medical Malpractice, Professional Liability Matters

Missed Diagnoses is #1 Cause of Medical Malpractice Claims

A recently released study demonstrates that most medical malpractice claims stem from missing serious illnesses and medical conditions. The international study specifically focused on claims asserted against primary care physicians because of their role as the first line of care for patients. The results of the study are noteworthy but not necessarily surprising.

July 30, 2013 • Professional Liability Matters, Professional Liability Monthly

Professional Liability Monthly – July Edition is Now Available

For a free copy of this month’s edition of Professional Liability Monthly, click here. To be added to our circulation list, where you will receive this publication for free each month via email, please contact Brian Biggie at bbiggie@goldbergsegalla.com.

July 30, 2013 • Professional Liability Matters, Professional Liability Monthly

Cases for Professional Liability Monthly – July 2013 Edition

Cases provided courtesy of LexisNexis.

July 26, 2013 • Professional Liability Matters, Risk Management

JK Rowling’s Secret Revealed by her Attorney

A prominent British law firm recently admitted that it was responsible for leaking JK Rowling’s pen name in her new mystery novel. The venerable author of the Harry Potter series intended to wear an invisibility cloak of her own, releasing her latest work – the Cuckoo’s Calling – under the pseudonym Robert Galbraith. Rowling reportedly hoped to “publish without hype or expectation” that would accompany her true identity. But the anonymity did not last long thanks to her attorney’s blunder at a cocktail party.

July 24, 2013 • Legal Malpractice, Professional Liability Matters

Emotional Distress Damages in Professional Malpractice Matters

Many aspects of litigation involve high levels of emotion when reputations, resources, pride, and goals are on the line. Nonetheless, it is highly unusual for an attorney to be subject to mental distress damages arising from a legal malpractice claim. Recoverable damages are usually limited to compensatory losses. However, a recent decision from Iowa’s highest court suggests that the tide may be turning.

July 23, 2013 • Ethics, Professional Liability Matters, Risk Management

The Power of the Conflict of Interest Waiver

A vast majority of professional malpractice matters arise from an alleged conflict of interest. Legal malpractice claims, for example, most frequently involve conflicts of interest; a whopping 46% according to a recent study. Perhaps this is no surprise. According to one scholar, the “exercise of his independent professional judgment” goes to the “heart of the skills” which a professional offers to his client. Thus, lawsuits typically follow in the event of a breach – or perceived breach – of that independence. Of course, there is no bright line test that delineates what a client may perceive as a conflict and therefore the conflict of interest waiver may be the professional’s saving grace.

July 18, 2013 • Ethics, Legal Malpractice, Professional Liability Matters

NY Attorney’s Attempt to Recover Legal Fees Backfires

Letit be said: we don’t work for free. The business of law, like any profession, is based on a simple formula: quality work + results = payment. Sometimes obtaining payment can be the most difficult piece of the equation. When a fee dispute does arise, an attorney may be required to strike a balance between demanding full compensation and maintaining a productive and ongoing relationship with the client.

July 17, 2013 • Professional Liability Matters, Risk Management

The Effective Litigation Hold Letter

Our recent post on the ramifications of destroying social media content got us thinking about the importance of an effective legal hold letter. Also known as a “preservation” or “hold” order, this document instructs an entity or individual to preserve all data that may reasonably relate to pending or anticipated litigation. A goal of the litigation hold is to suspend the normal dispositions of records and to prevent spoliation. Another goal is to avoid the potential for sanctions and ethical issues facing those who destroy relevant content. Given the importance of a legal hold, and the serious ramifications for failing to comply, all professionals must be aware of the contents of a proper legal hold.