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Showing 16 posts from November 2014.

LMRM 2015 – Putting Arbitration on Trial

At the 14th annual Legal Malpractice Risk Management (“LMRM”) Conference, being held in Chicago from February 25-27, a panel of distinguished attorneys will put the practice of arbitrating professional liability disputes on trial. More ›

LMRM 2015 — Developments in Litigating Legal Malpractice Claims 2015

At the upcoming Legal Malpractice Risk Management (“LMRM”) Conference, held in Chicago from February 25-27, a panel of veteran trial attorneys will consider and discuss solutions for the unique issues that have arisen in the past year relative to the litigation of legal malpractice claims. This panel, entitled “Developments in Litigating Legal Malpractice Claims 2015,” will provide an interactive discussion of the legal and practical significance of several recent decisions that, while centered on familiar themes, shift the paradigm for legal malpractice practitioners. More ›

Considering a Lateral Move? Then Consider This.

Lawyer movement from one firm to another has become increasingly common and is only expected to continue. However, leaving your old firm or hiring a lateral attorney isn’t as easy as forwarding calls and reprinting business cards. In fact, there are several ethical issues that arise when lawyers leave firms — issues that affect the current firm, the departing lawyer, and the new firm. Specifically, lawyers and law firms should be aware of the ethical considerations involving fiduciary obligations and client contact, restricting lateral movement, information and property rights, and client confidences.   More ›

LMRM 2015 – Bending the Bars – Testing the Bounds of the Actual Innocence Requirement in Criminal Legal Malpractice

Actual innocence is a generally-accepted element of a criminal legal malpractice claim. The last 12 months have seen refinements of the requirement in its application to lesser-included offenses, criminal contempt proceedings in civil cases, and pre-criminal act advice. Courts have also addressed the preclusive effect of an ineffective assistance of counsel proceeding on the actual innocence requirement, and whether the rule should apply when a law firm provides information that leads to the conviction of its own client. More ›

LMRM 2015 — Psssst! Are you Covered? Developments In Professional Liability Insurance Coverage

Navigating the waters of lawyer’s professional liability insurance can be tricky. Does a fee dispute “arise out of” the rendering or failure to render legal services? (In 2014, a Federal District Court in Texas concluded that it did and the insurer had a duty to defend). Does attorney advertising arise from or relate to the rendering of professional services such that coverage is precluded by a “Legal Services Exclusion”? (Michigan and Rhode Island say no). What is the scope of the “business pursuits” exclusion in your liability policy? (In Missouri, it precluded coverage where an attorney arranged loans from a client for his own law firm, and another client, when the loans went into default).     More ›

LMRM 2015 – Enhancing your data Protection and Mitigating your Cyber Risk

Lost or stolen laptops and mobile devices, drive-by downloads of malware, increasingly sophisticated phishing schemes, careless use of public Wi-Fi, malicious insiders, state-sponsored, industrial or domestic and foreign criminal hackers are some of the risks that law firms face when attempting to protect sensitive client and firm information. In 2014, the ABA adopted a resolution encouraging the development of an "appropriate cyber security program that complies with applicable ethical and legal obligations." Law firms must grapple with what constitutes an "appropriate" cyber security program in light of our ethical duties, client demands, governmental regulations, and various competing industry frameworks and standards. Is ISO 27001 certification worth the time and effort, since certification provides no guarantee that a firm will not suffer a data breach or be hacked? Are there emerging standards to follow, or will data security be driven by client requirements and governmental regulations? How should a firm assess its cyber and data risks, what are the common attack vectors and how can they be guarded, and what should a firm’s data or cyber security program include? More ›

6 Firms to have on Speed Dial if Malpractice Trouble Hits

Law360 yesterday published an article naming Hinshaw & Culbertson as one of 6 firms nationwide that lawyers should call when faced with a malpractice suit.  More ›

LMRM 2015 -- Conflicts: Who is Your Client?

On February 27, 2015, at the 14th Annual Legal Malpractice and Risk Management ("LMRM") Conference in Chicago, Illinois, Hinshaw & Culbertson LLP partner Matthew  O’Hara, will be joined by attorneys Katherine K. Ikeda from Orrick, Herrington  & Sutcliffe LLP and  Mark Tuft from Cooper White & Cooper LLP in a panel discussing the age-old and crucial question: “who is my client?” More ›

A Penny Saved is not a Penny Earned When Attorney-Litigants Represent Themselves

You've heard the old adage, "a lawyer who represents himself has a fool for a client." See Kay v. Ehrler (1991) 499 U.S. 432, 438. But do you know why? Though the saying is familiar, many lawyers and law firms continue to represent themselves in disputes. Is it all about the Benjamins?  More ›

LMRM 2015 – Defenses to Disqualification Motions – What Works, What Doesn't

On February 26, 2015, at the 14th Annual Legal Malpractice and Risk Management ("LMRM") Conference in Chicago, Illinois, Hinshaw & Culbertson LLP partner Richard Supple, will be joined by attorneys Scott Garner from Morgan, Lewis & Bockius LLP and Edward Stein from Anderson Kill PC, in a panel discussing defenses to attorney disqualification motions.   More ›