Risk Management Feed

CNA - Best Practices for Law Firms During a Pandemic

The COVID-19 pandemic continues to disrupt all aspects of everyday life. As the virus spreads throughout the United States and around the globe, the number of those infected will rise, as will the death rate. Governments have issued quarantines and shelter-in-place orders in an effort to combat the pandemic, and,... Read more →


Highest Court in New York Issues Rare Decision on Judiciary Law §487 Governing Allegations of Deception Against Attorneys

The New York Court of Appeals recently issued a favorable decision affirming the dismissal of a Judiciary Law §487 claim in the case Bill Birds, Inc. v. Stein Law Firm, P.C., _ N.Y.3d __, 2020 N.Y. Slip. Op. 02125 (March 31, 2020). Under Judiciary Law § 487 (1), an attorney... Read more →


CNA - For Your Eyes Only: Securing Lawyer-Client Communication

It is axiomatic that clients do not wish to be ignored. This is as true today as it was 50 years ago. The difference, though, is how clients define being “ignored”. While acceptable response times were once measured in days, modern communication channels have clients counting the hours or even... Read more →


New York’s First And Second Departments Each Reaffirm Proximate Causation As A Defense In Legal Malpractice Claims*

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 →


Assignment of Legal Malpractice Claim - Case Update 2019: Jose Borges v. Alfred Placeres*

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 →