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Showing 7 posts from October 2014.

Lawyers' Lawyer Newsletter Halloween edition 2014 released

The 2014 Halloween edition of the Lawyers' Lawyer newsletter is out. In this edition:

  • Attorney’s Death Just Before Statute of Limitations Expired Does Not Preclude Legal Malpractice Action
  • Attorney Duties of Care to Third Parties
  • The Unfinished Business Rule — the Saga Continues
More ›

Save the Date for the 2015 LMRM Conference: The Premier Event for Risk Management and Legal Malpractice Professionals

For the fourteenth time, Hinshaw & Culbertson LLP's Lawyers for the Profession practice group is proud to present its Legal Malpractice & Risk Management Conference.

LMRM 2015

The LMRM Conference offers interactive panels led by leaders in the fields of professional liability, law firm counsel, risk management, and insurance. Each panel comprehensively examines current developments emphasizing recent legal decisions.

The conference will be held February 25–27, 2015, at 320 North Dearborn Street, Chicago, Illinois. Registration will open soon.

For more detailed information, go to www.lmrm.com 

#LMRM2015

Ethical Screens and the Rise of the Confidentiality Screen

Most of us are familiar with the use of non-consensual ethical screens (also called ethical walls) as a method to isolate a client or a particular case from a potential conflict of interest. Ethical screens are most often created in an attempt to avoid disqualification due to a lateral hire's prior work history with another law firm, an organization or a government entity. The purpose of the ethical screen is to prevent confidential information obtained by that attorney, while representing another client, from being disclosed to other attorneys and/or employees in the same firm who may be representing other clients (the "second matter") that may benefit from use of the information.  More ›

LFP Alert — Under Dual Representation Doctrine, Attorney-Client Privilege Generally Does Not Apply to Communications Related to Matters on Which the Attorney Represents Both Clients

Bill Daily and Cardiothoracic Surgery Associates v. Greensfelder, Hemker & Gale, P.C., 2014 IL App (5th) 130273-U.

An Illinois appellate court found that the dual representation doctrine (or the common representation exception to the attorney-client privilege) applied with respect to the production of a law firm's file. More ›

Use of Profanity Lands Litigant in Jail

Every litigator has suffered through a long court call. Sometimes your case is simply set for the end of a call and you have to wait it out. Worse, you get stuck behind a case with lawyers doing their best Lincoln-Douglas impression. And in this age of continued decreases in court funding, delays are becoming more commonplace for other reasons. No matter the cause of a delay, it can be frustrating. But that frustration rarely lands you in jail. More ›

LFP Alert — Illinois Supreme Court Addresses Calculation of Damages in Legal Malpractice Action

Goldfine v. Barack, Ferrazzano, Kirschbaum & Perlman, 2014 IL 116362, ___ N.E.3d ___, 2014 WL 4923213

The Illinois Supreme Court addressed the proper calculation of damages in a legal malpractice action arising out of defendants' failure to preserve plaintiffs' Illinois Securities Law cause of action against an investment firm. More ›

Hold It There! — The Importance of Comprehensive Litigation Holds in the Age of Technology

The question that should be posed and considered by most attorneys at the outset of litigation is "how detailed must the litigation hold instructions be in order to comply with the attorney's ethical and professional duties?"  More ›