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 →


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 →