Professional Liability Matters

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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 21, 2014 • Employment Practices Liability, Professional Liability Matters

Are March Madness Office Pools Legal?

Brace yourselves, employers: March Madness is upon us. Thursday, March 20, was the first full day of the 2014 NCAA Men’s Division I Basketball Championship Tournament games, and the tourney does not conclude until the Championship Game on Monday, April 7, in Arlington, Texas. During the tournament’s three weeks, the US economy will lose an estimated $1.2 billion in productivity as employees watch early round games, participate in office pools, and discuss the outcomes with co-workers. The question remains, are these office pools legal?

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 19, 2014 • Employment Practices Liability, Professional Liability Matters, Technology

Great Career “Moves” – Treadmills in the Office Boost Productivity

In the non-stop business world, many employees struggle to find time to exercise. Yet, some employers encourage physical fitness as a means of boosting the health and productivity of their teams. A recent study suggests that a new double-tasking combination – exercising while working – might be a good business “move”.

March 18, 2014 • Ethics, Professional Liability Matters

An Ethics Lesson from Judge Judy

Popular television judge “Judge Judy” is known for her no-nonsense approach inside her courtroom. Based on the recent lawsuit she filed against a law firm, it would appear that she maintains that same approach outside the courtroom. Judith Sheindlin – better known as “Judge Judy” filed a March 12 lawsuit alleging that a fellow Connecticut attorney used her image in advertisements without permission. The suit provides another reminder of the risks of attorney advertising.

March 17, 2014 • Professional Liability Matters, Professional Liability Monthly

Professional Liability Monthly – March Edition is Now Available

Case analysis in this edition of Professional Liability Monthly include: Court Refuses Design Professional’s Bid to Avoid Liability Reliant on Future Inspection or Approvals A Plaintiff’s Complaint Alleging Defamation and Violations of Connecticut’s Unfair Trade Practices Act Is Stricken Under the Absolute Litigation Privilege Pennsylvania Enacts Benevolent-Gesture Bill Into Law Evidence of Informed Consent Inadmissible in Medical …

March 17, 2014 • Professional Liability Matters, Professional Liability Monthly

Cases for Professional Liability Monthly – March 2014 Edition

The below cases correspond with the March edition of Professional Liability Monthly and the analysis of each case. Click here to access to the newsletter. Cases are provided courtesy of LexisNexis. Brady v. Urbas Granger Constr. Co. v. G.C. Fire Prot. Sys. Meyers, Harrison & Pia, LLC v. Riella Ntumbanzondo v. Bang Chau Scalise v. Cummings & Lockwood, LLC …

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 12, 2014 • Accountants, Professional Liability Matters

The Tax Professional’s “Dirty Dozen” List

April 15 is looming. For tax professionals across the country, the emergence of spring also means it’s time to hunker down to prepare tax returns. In the midst of preparing returns and meeting deadlines, tax professionals must also consider the reality that tax advice and return preparation reportedly result in the greatest number of claims against accountants. Some good news is that there are common themes amongst the types of claims facing tax professionals which provide insight and valuable lessons. In particular, the IRS publishes an annual list of the “dirty dozen” tax scams which can provide an important risk management tool to the APL community. In its recently published 2014 list, identify theft and phone scams top the charts.

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.