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Adobe PDFMassachusetts Appeals Court: Insurer Protected From Liability for Conduct of Its Lawyer in Subrogation Case
William L. Boesch; Sugarman, Rogers, Barshak & Cohen, P.C.;
Legal Alert/Article
February 15, 2012, previously published on February 2012
A recent decision of the Massachusetts Appeals Court has extended the protection afforded to insurers against potential liability based on the conduct of the outside lawyers they hire.

 

HTMLGovernor Signs Law to Overturn Rule Requiring Georgia Attorneys to Answer Garnishments
Brittni A. Pitts, Thornell Williams; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 9, 2012, previously published on February 8, 2012
On February 8, 2012, Governor Nathan Deal signed HB 683 into law. HB 683 effectively overturns the Georgia Supreme Court’s recent decision requiring employers to use a Georgia-licensed attorney to file answers to garnishments in Georgia courts of record. Under the new law, which becomes...

 

HTMLFlorida Supreme Court Finds That Insurer’s Engineer and Professional Geologists Are Not Presumed Correct
Allison S. Lepp; Hinshaw & Culbertson LLP;
Legal Alert/Article
February 2, 2012, previously published on February 1, 2012
Plaintiff insured filed a sinkhole claim with defendant insurer in August 2005. The insurer hired a forensic engineering and earth sciences firm (the investigator) to investigate the claim. The investigator determined that damage to the property was caused by shrinkage, thermal stress and...

 

FILELegal Events and Legal Documents
Donald W. Hudspeth; The Law Offices of Donald W. Hudspeth, P.C.;
Legal Alert/Article
January 27, 2012, previously published on January 2012
Over the years in my legal practice I have noticed that, much as I would wish, advise, and preach to the contrary, most of my business law clients come to the firm, not because they have recognized a need and seek to avoid or prevent some problem or event from happening, but in response to that...

 

FILEDo's And Don'ts On How To Use Google For Legal Work
Donald W. Hudspeth; The Law Offices of Donald W. Hudspeth, P.C.;
Legal Alert/Article
January 27, 2012, previously published on January 2012
A few quick pointers on how to use Google (or Bing or Yahoo, Firefox, etc) for legal information.

 

FILEBig Cases Don't Just Happen to Bad Client
The Law Offices of Donald W. Hudspeth P.C.;
Legal Alert/Article
January 27, 2012, previously published on January 2012
I. Size Does Not matter. An understandable, but false, assumption of some potential law firm clients is that a small case will cost less than a big one. After all, if I buy a small coffee I expect to pay less than I would pay for a larger size, so why do legal fees not adjust to the size of the...

 

Adobe PDFThe Ethics of Agreements to Prevent a Client from Filing a Professional Conduct Grievance against an Attorney
Orr Reno Professional Association;
Legal Alert/Article
January 18, 2012, previously published on January 2012
Regrettably, lawyers sometimes find themselves involved in disputes with their own clients, often involving fees, the quality work, or other issues regarding the representation. In negotiating the settlement of such disputes, lawyers may be tempted to ask the client to agree not to file a...

 

HTMLPlaintiffs’ Contributory Negligence in Failing to Read Leases Precludes Malpractice Claim
Terrence P. McAvoy; Hinshaw & Culbertson LLP;
Legal Alert/Article
January 6, 2012, previously published on January 5, 2012
Plaintiff landlords filed a legal malpractice lawsuit against defendants, an attorney and his firm, which had been hired to review commercial leases. The landlords alleged that defendants had failed to advise them regarding lease provisions that shifted certain tax burdens from the tenants to the...

 

HTMLMyths and Realities of Defending Against Preference Demands
Richard (Jay) J. Reding; Larkin Hoffman Daly & Lindgren Ltd.;
Legal Alert/Article
December 16, 2011, previously published on December 14, 2011
Due to the economic crisis of the past few years, many large and medium-sized businesses were forced to file for bankruptcy protection. Now, many businesses are faced with letters from bankruptcy trustees, or worse, a summons where the trustee is seeking liability for a “preference.”...

 

HTMLLouisiana Law Does Not Require an Appeal of an Adverse Judgment Before Filing Malpractice Action, But Expert Testimony Required
Terrence P. McAvoy; Hinshaw & Culbertson LLP;
Legal Alert/Article
December 14, 2011, previously published on December 14, 2011
The Supreme Court of Louisiana held that Louisiana law does not impose a per se rule requiring an appeal of an adverse judgment before a legal malpractice action may be filed. However, the plaintiff must introduce expert testimony to establish the standard of care except in those rare cases...

 


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