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Daniel Sanchez-Behar represents clients in a variety of litigation matters in state and federal trial and appellate courts, with an emphasis in the …

Showing 4 posts by Daniel Sanchez-Behar.

Avoiding the Upsurge in Trust, Probate and Estate Planning Malpractice

The number of lawsuits against trust, probate and estate planning attorneys has significantly increased over the last several years. Today, trust, probate and estate planing attorneys are charged with legal malpractice and breach of fiduciary duties more than any other single practice area, according to a recent survey of the largest professional liability insurers in the country.   More ›

Criminal Legal Malpractice and the Actual Innocence Requirement

Important differences between criminal and civil legal malpractice underscore the uniqueness of criminal legal malpractice claims. For example, attorney error in the civil context generally means an adverse financial result to the client. In the criminal context, malpractice can mean the loss of the client's liberty. A civil malpractice suit against a criminal attorney is also unique in that a criminal defendant's failure to get relief from the judgment of conviction may preclude a legal malpractice action against the attorney. So, too (depending upon which state you're in), may the malpractice plaintiff's failure to either plead or prove actual innocence of the crime charged be fatal to the malpractice claim. 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 – 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 ›

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