Professional Liability Insurance Feed

Cyber Liability - Can An Engagement Letter Protect You From Cyber-Related Liability?

Beginning with the assumption that all the lawyers in your firm are actually drafting and updating client engagement letters on a regular basis, are you also utilizing your engagement letter to guard against a cyber-related liability claim from your client and minimizing your risk? If not, you are missing a... Read more →


Exactly When Does a Claim for Legal Malpractice Become Time-Barred? Understanding the Continuous Representation Doctrine

It is widely understood that the Statute of Limitations – the timeframe in which it is appropriate to file a claim – for Legal Malpractice in New York, as in many jurisdictions, is three (3) years1. However, when does a potential claim accrue, thus commencing that three year period? When... Read more →


Law Firm Support Staff: Recognizing Their Role in Avoiding Legal Malpractice Claims

They hold various titles for their daily roles in the practice of law: paralegal, legal secretary, paraprofessional, law clerk, project assistant, docketing clerk, research assistant, and the list is ever expanding. Regardless of their title, members of law firm support staff serve a critical role in the daily practice of... Read more →


Cyber Liability - Trusted Partner or Criminal Hacker: Are you certain you can tell who sent the email?

The continuing risk to law firms and their lawyers was highlighted once again late last month when the Warminster, Pennsylvania law firm, O’Neill, Bragg & Staffin, P.C. filed a 55-page complaint against Bank of America Corporation alleging, inter alia, that the Bank breached its contractual obligations to the firm after... Read more →


Are Fraud and Legal Malpractice Claims Duplicative? NY Court Grants Motion To Dismiss Legal Malpractice Suit When Fraud Was Also Alleged*

It is well-settled that in order to adequately plead legal malpractice the complaint must allege negligence, but-for-causation and ascertainable damages1. These allegations must be supported with factual assertions. Bare legal conclusions devoid of factual specificity will not suffice. Yet under CPLR § 3211, the pleading standard is broad and lenient.... Read more →