Professional Liability Insurance Feed

Coworking spaces, cloud computing and virtual receptionists have allowed some law firms to ditch their offices entirely. Most lawyers, however, seek a middle ground: a practice capable of functioning remotely when convenient or necessary, but still anchored to a physical office. The benefits of facilitating remote work are well worth... 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 →


It is axiomatic that clients do not wish to be ignored. This is as true today as it was 50 years ago. The difference, though, is how clients define being “ignored”. While acceptable response times were once measured in days, modern communication channels have clients counting the hours or even... 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 →


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 →


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 →


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 →


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 →