Legal Malpractice 2023 – Video Replay
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.
Please note that for video replays, Skills and Ethics credits do not qualify for newly admitted attorneys.
If you are having any trouble registering for this event, or can't access your NYSBA account, please contact our Member Resource Center team at 800-582-2452.
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SINGLE DAY PROGRAMS (Live, Webcast, Webinars & Video Replays)
Cancellations received more than 3 days from the scheduled program date: 100% refund
Cancellations received between 0-3 days from the scheduled program date: 100% refund (less the $25 cancellation fee)
Cancellations received after the scheduled program date: No refund
- July 6, 2023
- 1:00 PM
- 4:30 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
- 0MT21Z
- Committee on Law Practice Management
- Commercial & Federal Litigation Section
- Dispute Resolution Section
- Committee on Continuing Legal Education
