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Documents on professional liability
 

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HTMLFormer Client May Sue Without Appealing Underlying Matter
Michael D. Brophy, Seth L. Laver, Michael P. Luongo; Goldberg Segalla LLP;
Legal Alert/Article
November 27, 2014, previously published on November 11, 2014
enerally, a plaintiff has an obligation to mitigate her damages. In the context of a legal malpractice claim, the professional may argue that the plaintiff is obligated to cure the alleged harm by appealing the underlying issue. In the appropriate scenario, the defendant attorney may claim that the...

 

HTMLS.O.L.: The Continuous Representation Doctrine
Peter J. Biging, Seth L. Laver, Jessica L. Wuebker; Goldberg Segalla LLP;
Legal Alert/Article
November 27, 2014, previously published on November 12, 2014
Statute of limitations laws are intended to protect defendants from stale and meritless claims. Moreover, these statutes pressure plaintiffs to institute supported causes of action while the evidence is ripe. Certainly, these statutes are an ally to the defense bar and can be a major obstacle for...

 

HTMLWhen and How to Report Ethics Violations
Paul S. Devine, Seth L. Laver, Jessica L. Wuebker; Goldberg Segalla LLP;
Legal Alert/Article
November 27, 2014, previously published on November 19, 2014
The legal profession is somewhat unique in that it permits self-policing. An attorney has an obligation to report misconduct; however, a threat to report misconduct may itself run afoul of the ethical rules. At issue are at least two competing rules of professional conduct. We all want to make sure...

 

Adobe PDFA California Court Finds That Payments for an Attorney’s Time Fees Are Not “Attorney Fees” but “Costs and Expenses”?
Summer L. Nastich; Morris Polich & Purdy LLP;
Legal Alert/Article
November 24, 2014, previously published on November 12, 2014
In Otay Ranch v. County of San Diego, (2014) 230 Cal.App.4th 60, the court of appeals affirmed a trial court’s award of $44,621.28 in costs and expenses to a County related to preparation of the administrative record in a CEQA appeal. The petitioner in the CEQA action, who now had to pay the...

 

HTMLIs the Error of Judgment Defense Still Available in Suicide Cases?
Lori R. Semlies; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on April 29, 2014
Are courts becoming more liberal with the standards by which physicians are judged in failing to prevent suicides?

 

HTMLPart 1: Local Counsel: Opportunity or Pitfall?
Sean M. McDonough; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on March 25, 2014
Occasionally, attorneys may get a call from an out-of-state attorney requesting them to serve as “local counsel” in a new lawsuit in their home town. Lead counsel explains, “Yeah, I just need you to file some papers, let me use your office for depositions once in a while, and tell...

 

HTMLRiders on the Storm Beware
Wendy D. Testa; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on July 15, 2014
Every summer, warm weather prompts millions to flock to bodies of water. While sunbathers likely give little thought to the source of water in which they frolic, design professionals and builders of public and private projects must pay careful attention to how construction will affect stormwater...

 

HTMLPart 3: Local Counsel: Practical Concerns
Sean M. McDonough; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on April 1, 2014
When an attorney is requested to act as “local counsel” by an out-of-state attorney in a new lawsuit, the practical needs of the out-of-state client can be at odds with rules of professional responsibility and local rules that can sometimes expand the duties and responsibilities of...

 

HTMLTo Indemnify or Not to Indemnify? That Is the Question!
Steven L. Young; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on June 26, 2014
We are taught early on that we are each responsible for our own actions. If we make a mistake that results in damages to someone else, we have to pay for those damages. That is the basic concept of indemnification, and the law enforces it.

 

HTMLRomance between Nursing Home Residents - Should the Facility Step In?
Lori R. Semlies; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on February 20, 2014
State and federal regulations weren’t enacted to protect nursing home residents only from neglect and abuse. Federal law requires facilities to maintain environments that promote, maintain or enhance a resident’s quality of life. Adults have the right to make choices about significant...

 


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