By Samuel C. Stretton | June 22, 2017
Can I have an "of counsel" arrangement with a lawyer when we are both licensed in different states and have our offices in our respective states?
By Ellen C. Brotman | June 20, 2017
On April 13, Jennifer Barnes, disciplinary counsel of the Executive Office of Immigration Review, (EOIR) a federal agency within the Department of Justice, sent a cease and desist letter to a nonprofit organization in Seattle, Washington. If enforced, the cease and desist letter would effectively prevent the nonprofit from fulfilling its mission. The nonprofit at issue is the Northwest Immigration Rights Project (NWIRP), founded in 1984, and its mission is to assist undocumented immigrants through legal assistance, advocacy and education.
By Christine Simmons | June 19, 2017
A Manhattan judge has dismissed claims against Stroock & Stroock & Lavan brought by Brown Rudnick related to a legal malpractice dispute, trimming a defendant from a 5-year-old case that entangled three law firms and investment firm Stonebridge Capital.
By Max Mitchell | June 16, 2017
A former Duane Morris client is seeking nearly $700,000 from the firm claiming it misrepresented how much it would cost for the firm to represent him.
By MARK DUBOIS | June 15, 2017
I feel like I'm caught is some weird, warped time loop — reliving, again and again, spectacular lawyer self-destructions. The last few weeks brought press reports of guilty pleas from several of our brethren. Change the names, and they could be any one of many, many I've seen before.
By Matthew B. Weisberg | June 15, 2017
When speaking of legal malpractice, it is necessarily preliminary to begin discussing the elements. In that discussion, the legal malpractice plaintiff's burden of proving the case-within-the-case is likewise a primary topic. That is, it is axiomatically thought that the plaintiff—who traditionally carries the burden on all elements—must prove the attorney's neglect caused the loss of the underlying action and but for that neglect the underlying action would have been successful.
By Samuel C. Stretton | June 15, 2017
Are there any ethical concerns involving moving one's law practice to another location?
By David Gialanella | June 13, 2017
An investment adviser's legal malpractice claims against New Jersey firm Bressler, Amery & Ross are precluded by prior arbitration against his employer, a state appeals court has ruled.
By Sue C. Jacobs | June 13, 2017
Professional Liability Insurance columnist Sue C. Jacobs writes: Courts recently have been more liberal in holding that causes of action for both legal malpractice and breach of fiduciary duties may exist in the same action. The courts assume a fiduciary duty between attorney and client but look at the timing of the alleged offending actions and the sources of damages to determine if they are distinct from the damages allegedly sustained for the legal malpractice.
By Randy Evans and Shari Klevens | June 13, 2017
Picking the right legal malpractice insurance policy can be a daunting task. Procuring appropriate coverage generally involves balancing a law practice's unique malpractice risk factors against the price of coverage—and finding the right fit.
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