Professional Liability

Originally written and published by USI Affinity Professional Liability Practice Leader Mike Mooney on August 17, 2020. The current COVID-19 pandemic has shaken how, when and even where lawyers do business. With that said, we need to look forward and prepare for the reality of a post-COVID world. Solo practitioners... Read more →


The New York Court of Appeals recently issued a favorable decision affirming the dismissal of a Judiciary Law §487 claim in the case Bill Birds, Inc. v. Stein Law Firm, P.C., _ N.Y.3d __, 2020 N.Y. Slip. Op. 02125 (March 31, 2020). Under Judiciary Law § 487 (1), an attorney... Read more →


Coronavirus Disease (COVID-19) The costs associated with the outbreak of Coronavirus (COVID-19) are mounting. Throughout the world, governments, businesses and individuals are taking action against the threat, and reality, of a pandemic event. The Coronavirus has already affected many organizations, causing business disruptions and supply chain issues. Still, despite warnings... Read more →


The New York Appellate Divisions, in both the First and Second Departments, recently reaffirmed that a party’s failure to demonstrate that an attorney’s actions proximately caused their alleged damages is fatal to a legal malpractice action. The First Department decision of Marder’s Antique Jewelry, Inc. v. Bolton, 2020 NY Slip... Read more →


Tolling the Legal Malpractice Statute of Limitations by Reason of Plaintiff’s Disability or Insanity - Case Update: Jemima O. v. Schwartzapfel, P.C.* The recent New York Appellate Division, First Department, decision of Jemima O. v. Schwartzapfel, P.C., 2019 NY Slip Op 08793 (1st Dept. 2019) sheds light on the often... Read more →


Your office manager accidentally clicks on a link in an email that appears to be from you. Now there are fraudulent emails being sent out from your office manager’s email account because a cyber hacker has gained access. You call your IT provider, get the situation under control, block the... Read more →


The recent New York Appellate Division, First Department, decision of Jose Borges v. Alfred Placeres, 2019 NY Slip Op 29221 (1st Dept. 2019) sheds light on the often murky topic of when a legal malpractice claim can be assigned. The Borges decision helpfully explains some circumstances when a legal malpractice... Read more →


Lawyers and Cybersecurity: Lawyers Fail to Make the Grade in the ABA’s Most Recent Report Card In late October, the American Bar Association’s Legal Technology Resource Center released its ABA TechReport 2019.[1] Unfortunately, the report was not good news for lawyers. The report, based upon responses from lawyers across the... Read more →


As lawyers, communicating with our clients is a vital part of our practice. Not only are our communications with clients a critical part of simply being able to handle matters on their behalf but keeping clients informed on active or ongoing matters is also an ethical obligation. Read more →


As cyber professionals often counsel, it’s “when, not if” a cyber attack will affect you, your firm and your clients. Our duties and obligations as practitioners require that we take steps to protect ourselves and our clients from the risks associated with such attacks, including developing and implementing plans and... Read more →