Risk Management Feed

"Fraud on the Court" and the Threat of Treble Damages: The Rise of Judiciary Law § 487 Claims Against Attorneys

In 1999, United States District Court Judge Deborah A. Batts referred to New York’s Judiciary Law § 487, a punitive statute that allows an injured party to recover treble damages from an attorney who has engaged in willful misconduct, as “little known and seldom used.”¹ Until 2009, Judge Batts’ characterization... Read more →


Quick Tip - I Made a Mistake on a Case: What Lawyers Should Know About Reporting Claims

Nobody’s perfect – not even attorneys – and mistakes happen. Although it is never easy to admit a mistake, honesty really is the best policy when it comes to legal malpractice. First Steps Once you realize that you’ve made a mistake, your first step should be to notify the client.... Read more →


Quick Tip - Honesty is Best Policy: The Importance of Accurately Completing an LPL Application

When a law firm is renewing or replacing their current lawyers professional liability policy, there is sometimes a tendency to rush through the application without giving it much thought. But the accurate completion of your LPL application is extremely important for one simple reason: your policy could be cancelled for... Read more →


Law Firms: Are They the Next Industry to Become a Cyber Breach Target?

In the wake of latest Petya and WaanaCry cybersecurity breaches, it has become readily apparent that law firms are not immune to cyber attacks. In fact, they are becoming a target. Law firms must now become akin to the companies they defend when it comes to countering cyber attacks. The... Read more →


Did You Get That In Writing? Document the Evolving Attorney-Client Relationship Through the Use of Non-Engagement and Disengagement Letters

Memorializing the different aspects of an attorney-client relationship can be a substantial risk management tool for lawyers. In addition to letters of engagement, which determine the scope of representation (and are otherwise required under Part 1215 to Title 22 of the Official Compilations of Codes, Rules and Regulations of the... Read more →