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Preliminary evaluation of case was opinion, not fraud, Georgia court holds

By Karen Rubin on November 6, 2014

Thoughts, OpinionsCan you get into trouble by giving a “preliminary opinion” about what a client’s claim might be worth?  Possibly.  But in Burds v. Hipes, a Georgia lawyer recently dodged a bullet when the state court of appeals held that an initial opinion about the possible value of the client’s claim was not actionable under…

Posted in Malpractice

Reminder: check for client’s insurance, or you may be liable for malpractice

By Karen Rubin on October 9, 2014

Failing to check whether the claim against your client might be covered by insurance can get you in hot water — or at least keep you there, preventing a speedy exit from a malpractice suit, as a Florida lawyer recently learned.

In Pharma Supply, Inc. v. Stein (PACER access ID required), the client alleged it…

Posted in Competence, Insurance, Malpractice

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Succession planning can save lawyers’ estates from liability

By Karen Rubin on August 6, 2014

If you feel the grim reaper approaching, you’d better inform your clients of any looming statutes of limitations — if you don’t, your estate may be liable on a legal malpractice claim.  That’s the message of a case decided earlier this year by the New York court of appeals.

In Cabrera v. Collazo, the…

Posted in Law Practice Management, Malpractice

Legal malpractice is compulsory counterclaim in fee suit, Ohio court of appeals says

By Karen Rubin on July 23, 2014

When a lawyer sues a client for unpaid fees, the client must assert any possible claim for legal malpractice as a compulsory counterclaim, the Ohio Eighth District Court of Appeals has held.   In other words:  use it or lose it.  The court upheld summary judgment in favor of a lawyer whose client failed to assert…

Posted in Fees, Malpractice
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The Law for Lawyers Today is a resource for law firms, law departments and lawyers needing information to meet the challenge of practicing ethically and responsibly. Here you’ll find timely updates on legal ethics, the “law of lawyering,” risk management and legal malpractice, running your legal business— and more.

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