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Search Results (2141) Documents on professional liability Show: results per page Sort by:  | Federal Court Upholds Validity of Advance Conflict Waiver by Client with In-House Counsel
Roy Pulvers, Calon Russell; Hinshaw & Culbertson LLP;
Legal Alert/Article March 19, 2013, previously published on March 13, 2013 The U.S. District Court for the Northern District of Texas held that a general advance conflict waiver that included an agreed-upon course of conduct for conflicts, an explanation of risk, and a statement of alternatives was valid against a client that is a sophisticated user of legal services with...
| | Legal Malpractice Claim Is Assignable in the Context of a Commercial Transaction
Hinshaw Culbertson LLP;
Legal Alert/Article March 11, 2013, previously published on February 27, 2013 Upon certified question from the U.S. District Court for the District of Idaho, the Idaho Supreme Court determined that a legal malpractice cause of action could be assigned in the specific context of a commercial transaction, along with other business assets and liabilities, and that such an...
| | New Jersey Clarifies Permissible Scope of Transactional Work by Out-of-State Lawyers
Hinshaw Culbertson LLP;
Legal Alert/Article March 11, 2013, previously published on February 20, 2013 New Jersey Committee on the Unauthorized Practice of Law, Opinion 49, Multijurisdictional or Crossborder Practice Under Rule of Professional Conduct 5.5(b)(3) (October 3, 2012)
| | Supreme Court Decides Gunn v. Minton
Faegre Baker Daniels;
Legal Alert/Article March 8, 2013, previously published on February 20, 2013 On February 20, 2013, the Supreme Court decided Gunn v. Minton, No. 11-1118, holding that state courts have jurisdiction to resolve state legal malpractice claims even if the determination of the malpractice claim requires resolution of a disputed federal patent question.
| | New Jersey's Litigation Privilege Does Not Bar a Claim By a Client for Legal Malpractice Against Defense Attorneys
Marshall Dennehey Warner Coleman Goggin;
Legal Alert/Article March 8, 2013, previously published on March 1, 2013 In Buchanan v. Leonard, A-2243-11T4 (App. Div. October 9, 2012) (approved for publication), Mr. Leonard and his firm, Morgan, were assigned by Legion Insurance Company to defend a legal malpractice action on behalf of an attorney, William Buchanan. In the case, discovery revealed that Earl and...
| | Florida Bar Issues Proposed Advisory Opinion Regarding Cloud Computing
Hinshaw Culbertson LLP;
Legal Alert/Article March 8, 2013, previously published on March 6, 2013 The Florida Professional Ethics Committee opined that lawyers may utilize cloud computing if they take reasonable precautions to ensure that confidentiality of client information is maintained.
| | Medical Malpractice Update: Doctor-Patient Privilege after Hasan v. Garvar
Rumberger Kirk Caldwell Professional Association;
Legal Alert/Article March 7, 2013, previously published on February 21, 2013 In December, the Florida Supreme Court released its opinion in Hasan v. Garvar and reinforced the already expansive scope of doctor-patient confidentiality. 2012 WL 6619334 (Fla. Dec. 20, 2012); see also § 456.057(8), Fla. Stat. (2012). In the case, a patient sought treatment from two...
| | Judicial Scrutiny, Proposed Settlements and Avoiding Settlement Rejections
Dinsmore Shohl LLP;
Legal Alert/Article March 7, 2013, previously published on February 25, 2013 In August 2012, the Federal Mine Safety & Health Review Commission (“FMSHRC”), the body that oversees the legal administration and review process of contested violations by mine operators, determined that Commission Administrative Law Judges (“ALJ”) (i.e., trial judges)...
| | Going Rogue: Indiana Court Allows Expert To Set Standard Of Care Based Upon Expert’s Personal Practices Alone
Kightlinger Gray LLP;
Legal Alert/Article March 7, 2013, previously published on March 1, 2013 In the 2011 case of In re Estate of Lee, the Indiana Court of Appeals reversed the trial court’s order granting summary judgment to an attorney sued for malpractice in a probate proceeding. 954 N.E.2d 1042, 1050 (Ind. Ct. App. 2011) (trans. denied 967 N.E.2d 1034). To justify doing so, the...
| | Firm’s Bid for Defense of Claims Denied, Despite Clear Allegations of Legal Malpractice
Wilson Elser Moskowitz Edelman Dicker LLP;
Legal Alert/Article March 7, 2013, previously published on February 21, 2013 A New York federal court has granted an insurer’s motion for summary judgment and dismissed a declaratory judgment action seeking a defense and possible indemnity in legal malpractice claims against its law firm insured. The court’s ruling came in Abrams Firm v. Underwriters at Lloyd's,...
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