Legal Malpractice 2023
Lawsuits against lawyers arising from errors and/or omissions in the performance of legal services continue to rise. It is an essential part of a law firm’s business practice to evaluate its legal risk and malpractice insurance needs. This program is designed to educate attorneys on how to prosecute and/or defend a legal malpractice action. In addition, this program will educate attorneys about their legal malpractice exposures, what they should do in the event that a lawsuit or a grievance complaint is filed against them, and what they should do when situations arise that indicate that a legal malpractice claim is likely. Both solo practitioners and members of larger firms would benefit from knowing how to assess professional liability risk and manage legal malpractice litigation.
- March 24, 2023
- 9:00 AM
- 1:00 PM
- 2.0
- 1.0
- 1.0
- 4.0
- Virtual Participation
9:00 a.m.
Welcome and Introduction
9:00 – 9:50 a.m.
Legal Malpractice: Causes of Action and Defenses
• Theories of Liability
o Negligence
o Breach of Fiduciary Duty
o Statutory Liability
o Violations of Disciplinary Rules and Ethical Considerations
o Conflicts of Interest
o Statute of Limitations
• Claim Accrual
o Continuous Representation Doctrine
o Concealment and Discovery
• Capacity to Sue and Standing
o Privity
o Ripeness and Mootness
o Collateral Estoppel and Res Judicata
o Release and Waiver
• The Standard of Care
o Negligence, Breach of Fiduciary Duty
o Statutory Liability/Violations of Disciplinary Rules
o Conflicts of Interest
Speaker:
Marian C. Rice, Esq., L'Abbate, Balkan, Colavita & Contini, L.L.P.
1.0 MCLE Credit in Ethics
9:50 – 10:00 a.m.
Break
10:00 – 10:50 a.m.
Legal Malpractice: Litigation and Resolution Strategy and Ethics
• Legal Malpractice Claim Defense Strategy
o Pre-Suit Discussions/Settlement
o Discovery/Legal Malpractice Litigation
o Use of Experts
o Motion Practice
o Trial Strategies/Tactics
• The Burden of Proof
o Causation
o Expert Opinions
o Damages
• Trial Tactics and Motion Practice
o Jury Selection
o Evidentiary Issues
o Jury Instructions
Professional Liability Insurance- Why Necessary
• *Protection of Law Firm Assets
• Value of Claim handling
• *Cyber Liability
Speakers:
A. Michael Furman, Esq., Furman Kornfeld & Brennan LLP
Mike Mooney, USI Affinity
1.0 MCLE Credit in Ethics
10:50 – 11:00 a.m.
Break
11:00 – 11:50 a.m.
Identifying and Responding to Professional Liability Claims
• Claim Notification and Reporting Issues
o What Constitutes a “Claim”
o Responding to and Reporting of Potential Claims
o Representations in the LPL Application
o Notification of Claims
• What is Covered Under the Typical LPL Policy
o The Scope of Professional Services
o Non-Covered Acts, Errors or Omissions
o Damages Excluded from Coverage
o Intentional Acts/Fraud Exclusions
o Typical Exclusions
Speakers:
Brett A. Scher, Esq, Kaufman Dolowich & Voluck LLP
Lisa L. Shrewsberry, Esq., Traub Lieberman Straus & Shrewsberry LLP
1.0 MCLE Credit in Law Practice Management
11:50 – 12:00 p.m.
Break
12:00 – 1:00 p.m.
Attorney Discipline and Cyber Risk Management for Lawyers
Discussion of the NYS Attorney Disciplinary Process and Law Firm Risk Management
• Overview of the NYS Disciplinary Process
• New Client/Matter Intake
• Conflict Management and Avoidance
• Engagement Letters/Part 1215 Requirements
• Docket and Calendar Management
• Billing Systems and Controls
• File Closing and Disengagement Letters
• Training and Associate Supervision
• Fee Actions
• Client Management
• Cyber Risk Management and Liability
o Types of Cyber Scams Affecting Attorneys
o Risk Management Tips for Cyber Scams
o Attorney Cyber Obligations under Rules of Professional Conduct
o Defense of Legal Malpractice Cyber Claims
Speakers:
Si Aydiner, Wiese & Aydiner PLLC
Rachel Aghassi, Esq., Furman Kornfeld & Brennan LLP
1.0 MCLE Credit in Ethics
1:00 p.m.
Q&A and Adjournment
- Webinar
- 0MT21
- Committee on Continuing Legal Education
- Committee on Law Practice Management
- Dispute Resolution Section
- Commercial & Federal Litigation Section
