Photo of Lawyers for the Profession® Annmarie D'Amour
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Annmarie D'Amour focuses her practice in a range of law firm issues, primarily in guiding attorneys through business issues concerning the formation …

Showing 5 posts by Annmarie D'Amour.

Practicing Without a Net: Protecting your Firm by Agreement

Attorneys come to us when contemplating the creation or expansion of their firms, when they want to leave their firm, or are dealing with the fallout of another member leaving. While many law firms have taken advantage of the protections of a limited liability entity, attorneys are not always aware of the risks involved when the members of the firm do not enter into an agreement or enter into an incomplete or “boiler plate” agreement in forming those entities, risks that sadly only come to light when embroiled in a dispute between the members More ›

Don't Let Your Career Go Up In Smoke

We’ve come a long way from Reefer Madness and Cheech and Chong and their marijuana-fueled antics in the 1980s.  Marijuana (specifically its key ingredient, THC) is now recognized to alleviate the side effects of chemotherapy and to lessen the pain and symptoms of chronic conditions such as multiple sclerosis and glaucoma. Due to these benefits, 23 states and the District of Columbia have adopted legislation that permits the sale and use of marijuana for medicinal purposes. Four states — Colorado, Washington, Alaska and Oregon — and the District of Columbia have gone a step farther and also legalized the recreational use of marijuana. 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 – What’s your Damage? The World of Legal Malpractice Damages

The modern legal malpractice case has gone well past the lawyer who blows a statute of limitations deadline to encompass claims by former clients who believe they would have recovered more, paid less or entered into a better deal if only their lawyer had handled their matter differently. Not only are the lawyer’s strategic decisions coming under more and more scrutiny, but the damages that may be recovered by the malpractice plaintiff are ever evolving from purely placing the plaintiff in the position he or she would have been “but for” the attorney’s negligence, to include non-pecuniary damages such as emotional distress and punitive damages, and attorneys’ fees. Notably, in April 2014, a New Jersey appellate court affirmed an award of emotional distress damages in an action brought by an ex-husband against his ex-wife’s counsel, where counsel had surrendered the daughter’s passport to the ex-wife that allowed her to take the daughter out of the country. See Innes v. Marzano-Lesnevich, 435 N.J.Super. 198 (2014).    More ›

It’s 10 a.m. Do you know where your Attorney Is? The Rise of the Virtual Law Office

Woman typing on laptop on mountainThe struggling economy of recent years, and advances in technology that allow attorneys to practice law from almost anywhere they can get a signal, have made the “virtual law office” or “VLO” an attractive alternative to the traditional separate physical legal office. While the VLO provides an attorney with flexibility, it raises heightened confidentiality and ethical concerns that may be overcome with proper disclosure and security precautions. More ›

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