Each year malpractice claims are made against lawyers by people that the lawyers never even considered to be their clients. Why? The lawyer did not send a declination letter after the initial meeting. The lawyer never explicitly communicated to the potential client, in writing, that he/she did not accept the... Read more →
January 2020
Sometimes known as “the rat rule,” ABA Model Rule 8.3 requires every lawyer to report certain professional misconduct by other lawyers to the appropriate disciplinary authority. As a matter of professional responsibility, we attorneys are mandated reporters of other lawyers, and we were mandated reporters long before statutory mandated reporting... 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 →