Guide · Legal Ethics
Legal Malpractice and Law Firm Risk Management: A Comprehensive Guide
28 U.S.C. § 1927
- Type
- Guide
- Jurisdiction
- National
- Date
- 2024-04-21
- Topic
- Legal Ethics
A complete practitioner's treatment of legal malpractice liability and the risk management systems that prevent it. Parts I through VI develop the cause of action: the elements, how the attorney-client relationship forms and how duties reach non-clients, the standard of care and the expert and certificate-of-merit requirements, causation through the case within a case and its transactional and appellate variants, the collectibility burden, and recoverable damages. Part VII covers the alternative theories plaintiffs plead alongside negligence, including breach of fiduciary duty and fee forfeiture, which escape the causation wall. Parts VIII and IX cover accrual rules and the defenses that work. Parts X through XIV turn to prevention: conflicts systems, engagement and disengagement letters, docketing and supervision under Rules 5.1 and 5.3, trust accounting, and professional liability insurance including the claims-made reporting requirements that destroy more coverage than any exclusion. Part XV supplies the incident response protocol for the day a mistake is discovered. Parts XVI through XVIII cover entity shields, the relationship between discipline and civil liability, and the verification list.
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