Risk Management 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 →


Appellate Court Reaffirms Principle That Lawyers Possess the Freedom to Make Reasonable Strategic Choices in Litigation Without Fear of Liability

It is well-settled law in most jurisdictions that litigators have the freedom to use reasonable judgment in making strategic choices on behalf of their clients, without fear of legal malpractice liability. Despite this, lawyers are not immune from attacks on their decision making, with clients routinely trying to “second guess”... 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 →


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 →