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Comments Off on Some States Require Notice on Malpractice Coverage
By Lazar Emanuel [Originally published in NYPRR August 2001] New York does not require its lawyers to purchase and maintain malpractice insurance. However, a number of states now require their lawyers to notify their clients at the time of engagement...
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Comments Off on Three Case Digests: July 2001
By Lazar Emanuel [Originally published in NYPRR July 2001] Non-Client Defendant May Move to Disqualify Counsel The Brickman law firm represented Client Matthews in an age discrimination claim against his former employer, defendant’s predecessor in...
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Comments Off on Duty to Disclose Error That May Constitute Malpractice
By Lazar Emanuel [Originally published in NYPRR February 2001] When does a lawyer have a duty to report to a client an error or omission that may lead to a malpractice claim against the lawyer? And when does the lawyer have a duty to withdraw after...
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Comments Off on Case Digests: “Santalucia v. Sebright Transportation,” “Baker v. Dorfman,” “Britt v. Legal Aid Society”
By Lazar Emanuel [Originally published in NYPRR January 2001] Santalucia v. Sebright Transportation, Inc. Contingent-Fee cases are property of dissolving firm. Absent contrary agreement, firm gets value of claim at dissolution, not quantum meruit. The...
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Comments Off on Statute of Limitations in Legal Malpractice Actions
By Roy Simon [Originally published in NYPRR July 2000] Statute of limitations questions in legal malpractice actions are tricky. If you are trying to gauge your law firm’s exposure to legal malpractice actions — or if you represent plaintiffs in...
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Comments Off on Conflicts of Interest in Malpractice Cases
By Stephen Gillers [Originally published in NYPRR March 2000] An intriguing question in the field of lawyer regulation is the relevance of conflict of interest rules in cases charging a lawyer with legal malpractice or breach of fiduciary duty....