Professional Liability Insurance Feed

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 →


More law firms of all types and sizes use outsourcing as a means to help them practice law and to manage their law practices. Outsourcing encompasses the delegation of legal work or administrative tasks to third-party providers outside the law firm. Intellectual technology services, document processing and records management constitute... Read more →


As financial pressure from the Great Recession becomes the new normal and even the least tech-savvy Americans tackle most errands from behind a computer screen, consumers have cast a critical eye toward the traditional attorney-client relationship. For many, the cost of a full-service representation creates a barrier to any legal... Read more →


Pleading and Proving a Fraud Cause of Action - Case Update 2019: Epiphany Community Nursery School v. Hugh W. Levey, et.al The recent New York Appellate Division, First Department, decision of Epiphany Community Nursery School v. Hugh W. Levey, et.al, 2019 NY Slip Op 00842 (1st Dept. 2019) sheds light... Read more →