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Millennials and Malpractice: Tips to Avoid Common Pitfalls and Be a More Ethical Lawyer

Level: Intermediate
Runtime: 62 minutes
Recorded Date: January 29, 2020
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Unique traits of millennials in the workplace
Unique ethical pitfalls
        - Informality
        - Risk of "Off-the-Cuff" Advice
        - Preservation Issues
        - Duty of Competence
        - Duty of Confidentiality
        - Protecting Attorney-Client Privilege
        - Texting Takeaways
Teamwork Orientation & Efficiency
        - ABA Model Rule 5.1
        - ABA Model Rule 5.2
        - Professionalism in the workplace
        - Misalignment of Values with clients
        - Case Study
Social Media
        - Confidentiality/Privilege
        - Competence
        - Social Media Evidence
        - Preservation Issues
        - Social Media Takeaways
Value of Efficiency
        - Cutting Corners
        - Ignoring Risk Management Processes
        - Efficiency Takeaways

Runtime: 1 hour, 2 minutes
Recorded: January 29, 2020


There is a bevy of research on millennials in the workplace and how millennials often have a different approach from Boomers and others. Using this research, and pointing out common mistakes that lawyers make, our distinguished panel will provide tips for avoiding legal malpractice.

This program was recorded on January 29th, 2020.

Provided By

American Bar Association
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Amy S.L. Terwilleger


Amy S. L. Terwilleger is a business litigation shareholder who focuses her practice on the defense of legal and accounting professional malpractice claims. Amy understands the importance of protecting professionals’ reputations while litigating zealously in an effort to achieve a favorable resolution. Amy has been integral to the firm’s defense of legal and accounting malpractice cases where millions of dollars were at issue. Amy’s dedication to the defense of professionals is further reflected in her providing support to the firm’s general counsel for internal loss prevention efforts.

Amy also assists clients in general business litigation, including contract and shareholder disputes in federal and state courts throughout Florida, as well as in arbitration. She is a member of the firm's Mentoring Committee and Women's Leadership Forum.

Amy has significant experience with electronic discovery and has managed high volume, electronic document review and production projects. Her electronic discovery “know-how” allows her to prioritize efficiency and cost-effectiveness in large litigation matters that involve voluminous electronic discovery.

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Margaret Flatt O'Brien

Eversheds Sutherland LLP

Margaret Flatt O’Brien focuses her practice on complex business litigation and advises clients in the construction, professional liability, insurance and financial services industries.

Margaret’s experience includes representing major engineering, procurement and construction (EPC) contractors, general contractors, subcontractors, owners and material suppliers participating in large-scale industrial and commercial construction projects, at the project level and in disputes. She advises clients on dispute avoidance on a real-time basis during construction (advancing and responding to claims, drafting correspondence to position the client to avoid or minimize disputes, advising on complex change orders, etc.) and handles complex construction disputes in court and arbitration. Margaret prepares detailed and documented construction claims (and defends against them using project cost and schedule data), develops and prepares cases through depositions and document discovery, mediates disputes and negotiates settlements, and tries disputes through judgment or arbitration award when they cannot be mutually resolved.

Margaret also has experience in commercial litigation defending class action lawsuits, advising on regulatory matters and compliance issues, conducting internal investigations, and representing clients in a variety of proceedings in state and federal courts and arbitration proceedings.

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Darren H. Goodson

Senior Claims Counsel

Darren currently serves as Senior Claims Counsel at Attorneys’ Liability Assurance Society (ALAS). ALAS is the country’s largest-owned mutual insurance company, insuring more than 200 premier law firms (and over 62,000 lawyers) across the world. In this role, Darren manages and reserves claims asserted against member firms arising under ALAS’s professional liability, employment, and management policies. Darren works cooperatively with ALAS’s insured firms and defense counsel to defend and resolve claims on their merits. Before joining ALAS, Darren spent eight years with Holland & Knight LLP.

He was a general litigation attorney specializing in business and commercial disputes. He conducted all phases of litigation, including discovery, settlement negotiation, and trial for matters in both state and federal courts.

Darren is also active in his community. He currently serves on the Associate Board for Just the Beginning (JTB). JTB is a nonprofit organization with a mission to diversify the legal field. As a member of the JTB Board, Darren has hosted training webinars where he gives interview and writing advice to law students preparing for judicial clerkships.

Additionally, Darren has helped spearhead the newly formed Black Men’s Lawyer’s Association (BMLA). Darren is a founding board member. BMLA was founded to provide a space for African American male attorneys to discuss the social, political and legal issues that exist among them and their communities. Darren received his undergraduate degree in Finance from the University of Illinois and attended DePaul University College of Law, where he graduated magna cum laude and Order of the Coif.

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Amy Nguyen

Attorney, Business Litigation
Klein & Wilson

Amy represents clients in federal and state courts, mediations, and arbitrations in business litigation and legal malpractice cases. She has experience in all stages of litigation, from pre-filing investigation to discovery, motion practice, and trial preparation. Amy second-chaired a binding legal malpractice arbitration against one of the oldest law firms in San Diego, which resulted in a significant award for the client. She also second-chaired a jury trial in a complex contract dispute which resulted in a seven-figure verdict awarding the client every penny he sought. Amy was named a 2019 Rising Star by Super Lawyers.

Amy earned her law degree from UC Irvine School of Law, where she participated in the law school’s annual moot court competition, served as a member of the UCI Law Mock Trial Board, and was a Research Fellow for the first-year lawyering skills course. As a certified law student in UCI’s Domestic Violence Clinic, Amy represented low-income abuse survivors in restraining order trials and immigration matters. She earned a Pro Bono Achievement Award for her participation in various pro bono projects. During law school, Amy was a law clerk for Klein & Wilson. The firm hired Amy as a full-time associate right after she passed the bar.

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