LEGAL MALPRACTICE BLOG

Legal Malpractice Blog

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Missed Deadline in Med Mal Suit Results in Plaintiff Win in Legal Mal Suit
By Curtis Cooper | June 6, 2017

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Failed Real Estate Deal Lands Carlton Fields A Malpractice Claim
By Curtis Cooper | May 9, 2017

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$850K Malpractice Verdict in the Case of the Missing Expert Report
By Curtis Cooper | April 14, 2017

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Wrong Word in Contract Leads to $2M Malpractice Suit
By Curtis Cooper | March 26, 2017

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50 Cent Raps Reed Smith With $35M Malpractice Claim
By Curtis Cooper | March 10, 2017

Curtis James Jackson III, the Grammy award-winning rap artist whose stage name is 50 Cent, is suing his former law firm for $35M…READ FULL POST

 

Attorney Battles To Keep Millions He Left Himself In Client’s Will
By Curtis Cooper | February 24, 2017

An attorney who was retained to plan the estate of his dying friend, left $14 million of his friend’s $17 million estate to himself and his children….READ FULL POST 

 

IP Firm’s Appeal of $9M Malpractice Verdict is Denied, Part III of III
By Curtis Cooper | February 5, 2017


In what may be the final chapter in a saga that has spanned more than 16 years and courts from New York to Minnesota, a Second Circuit appellate panel upheld a defunct start-up’s $9 million legal malpractice verdict against a defunct IP firm…READ FULL POST

 

IP Firm’s Appeal of $9M Malpractice Verdict is Denied, Part II of III
By Curtis Cooper | January 18, 2017

In what may be the final chapter in a saga that has spanned more than 16 years and courts from New York to Minnesota, a Second Circuit appellate panel upheld a defunct start-up’s $9 million legal malpractice verdict against a defunct IP firm…READ FULL POST

 

IP Firm’s Appeal of $9M Malpractice Verdict is Denied, Part I of III
By Curtis Cooper | December 30, 2016 

In what may be the final chapter in a saga that has spanned more than 16 years and courts from New York to Minnesota, a Second Circuit appellate panel upheld a defunct start-up’s $9 million legal malpractice verdict against a defunct IP firmREAD FULL POST

 

50 Cent Scores $14.5M in Legal Malpractice Claim Settlement
By Curtis Cooper | December 18, 2016

Curtis James Jackson III, the Grammy award-winning rap artist whose stage name is 50 Cent, is suing his former law firm for $75M…READ FULL POST

 

$9M Malpractice Verdict Against IP Firm Spawns Battle Over Insurance Coverage
By Curtis Cooper | November 24, 2016

A small technology company, fearful that it may be unable to collect a $9M malpractice judgment that it won from an IP law firm, urged an appeals court to rule that the firm has a $10 million malpractice policy to cover the award….READ FULL POST

 

Texas Supreme Court to Review Dismissal of Malpractice Claim Against Andrews Kurth
By Curtis Cooper | October 24, 2016

Texas Lawyer reported that the Texas Supreme Court has agreed to review a decision by the Dallas 5th Court of Appeals, dismissing a legal malpractice claim against Am Law 200 member Andrews Kurth Kenyon LLP…READ FULL POST

 

Legal Ethics: Lawyers Disbarred For Setting Up Adversary’s DUI Bust

By Curtis Cooper | September 24, 2016

Three Tampa, FL attorneys who enlisted a paralegal and a police officer to set up opposing counsel for a drunk-driving arrest during a prominent civil trial have been permanently disbarred. READ FULL POST

 

Legal Malpractice: Gordon & Rees Settles Claim For “Fatally Negligent” Settlement Agreement

By Curtis Cooper | August 25, 2016

Texas Lawyer reported that three weeks before trial, AmLaw 200 member Gordon Rees Scully Mansukhani, LLP settled a malpractice lawsuit filed by a physicians’ group that alleged it drafted a “woefully inadequate” settlement agreement in a business dispute…. READ FULL POST

 

Legal Malpractice: Womble Carlyle Resolves $33M Claim

By Curtis Cooper | July 26, 2016

A legal malpractice suit seeking over $33 million in damages from AmLaw200 member Womble Carlyle Sandridge & Rice, LLP, whose work allegedly left an entrepreneur with a “shell of a company” after the buyer defaulted, has been resolved…READ FULL POST

 

Legal Malpractice: Cadwalader Gets $17M Verdict Overturned

By Curtis Cooper | June 28, 2016

Bloomberg BNA reported that the New York Court of Appeals, that state’s highest court, overturned a $17.2 million legal malpractice verdict that a private equity fund run by Washington Redskins owner Daniel Snyder won against AmLaw 200 member Cadwalader, Wickersham & Taft LLP….READ FULL POST

 

Parties Settle Legal Malpractice Claim Against Estate of John Fahy Following Suicide

By Curtis Cooper | May 9, 2016

A legal malpractice claim filed against the late John Fahy, who allegedly told a client that he was litigating her case for over three years, but never actually filed suit on her behalf, and a lawsuit against him and his firm by their malpractice insurer, which sought to deny coverage for the claim….READ FULL POST 

 

Why Your Premium Doubles In The First Five Years
By Curtis Cooper | May 4, 2016

“Step-rating” is one of the least understood aspects of claims-made insurance policies, but it has a major impact on your premium….READ FULL POST

 

Legal Malpractice Insurance: Mind the Claims-Made Coverage Reporting Gap
By Curtis Cooper | April 10, 2016

A claims-made coverage gap can occur if attorneys are lax in reporting a claim to their insurer….READ FULL POST

 

Legal Malpractice Insurer Sues To Void Firm’s Policy Over Undisclosed Claim
By Curtis Cooper | March 8, 2016

Westport Insurance Corp. filed a lawsuit in Pennsylvania federal court on 2/29, seeking to rescind a legal malpractice policy it issued to 150-lawyer firm…READ FULL POST

 

Legal Malpractice: Entrepreneur Claims Andrews Kurth Conflicts Cost Him His Company
By Curtis Cooper | February 20, 2016

Texas Lawyer reported that an entrepreneur who sued a venture capital firm for defrauding him out of his company, has amended his complaint to add a legal malpractice claim against…READ FULL POST

 

Legal Malpractice: Parental Child Abduction Leads to $1.4M Verdict  
By Curtis Cooper | February 12, 2016

A divorcing couple got into a custody dispute over their 5 year-old daughter, during which, the wife took their daughter to Spain, her native country, and refused to bring her back, despite a court order to do so… READ FULL POST 

 

Legal Malpractice Insurance: You Don’t Know What Kind Of Law You Practice, And It’s Raising Your Premium
By Curtis Cooper | January 22, 2016

If you tell a thousand lawyers they don’t know what kind of law they practice, one will likely chuckle; the other 999 will grimace, scowl, or maybe bite you… READ FULL POST

 

Legal Malpractice Insurance: Reimbursing Over-billed Clients Isn’t Covered, No Matter What You Call It
By Curtis Cooper | December 28, 2015

A law firm is ordered to repay $500K in legal fees, then sues its malpractice insurer for refusing to pay. READ FULL POST

 

Legal Malpractice Insurance: The Prior Acts Conundrum
By Curtis Cooper | December 14, 2015

Even if your legal malpractice policy provides full prior acts coverage, a gap can occur that will leave you unprotected if you incur a malpractice claim…READ FULL POST

 

Legal Malpractice: Energy Law Firm Hit With $200M Verdict
By Curtis Cooper | November 30, 2015

Energy law firm Andrews Kurth was hit with a $200M legal malpractice verdict…READ FULL POST

 

Legal Malpractice Insurance: It’s a Crime If Your Policy Doesn’t Cover Criminal Acts
By Curtis Cooper | November 4, 2015

When we meet with a law firm’s management committee to review the malpractice insurance proposals we’ve obtained for their firm, one topic of discussion is… READ FULL POST

 

Legal Malpractice: Court Upholds $9M Award Against IP Firm Over Abandoned Patent
By Curtis Cooper | October 26, 2015

A federal judge refused to overturn a jury’s nearly $9 million malpractice verdict against a Virginia intellectual property law firm, and lifted a stay on enforcing it. READ FULL POST

 

Legal Malpractice: Get Rich or Sue Your Lawyer: 50 Cent Seeks 75M From Law Firm
By Curtis Cooper | October 23, 2015

Curtis James Jackson III, the Grammy award-winning rap artist whose stage name is 50 Cent, is suing his former law firm for $75M. READ FULL POST

 

Legal Malpractice Insurance: No Coverage For Fines Against Your Client Due To Your Wrong Advice
By Curtis Cooper | October 9, 2015

Anti-trust lawyer’s errors results in $240,000 penalty against client by the FTC. READ FULL POST

 

Legal Malpractice Insurance: FAQs Answered
By Curtis Cooper | September 16, 2015

We answer the most frequently asked questions about legal malpractice insurance. READ FULL POST

 

Legal Malpractice Insurance: Analyzing the Policy
By Curtis Cooper | August 29, 2015

The legal malpractice insurance policy is a long, complex document. This is the first in a series of posts that will seek to demystify it. Today we’ll list and examine the policy’s structure, i.e., it’s various sections.  READ FULL POST

 

Legal Malpractice Insurance: A Guide To Insurers and Markets
By Curtis Cooper | August 11, 2015

This post will describe the structure of the legal malpractice insurance market, and identify the leading insurers. READ FULL POST

 

Legal Malpractice Insurance: Analyzing The Various Types of Deductibles
By Curtis Cooper | July 27, 2015

This is the second in a series of posts that will analyze various aspects of legal malpractice coverage.

Today, we’ll examine the various types of deductibles that legal malpractice insurers offer. READ FULL POST

 

Legal Malpractice Insurance: Beware of Policies with “Eroding Limits”
By Curtis Cooper | July 13, 2015

This is the first in a series of posts that will analyze various aspects of legal malpractice coverage.

Today, we’ll examine the various ways that claim expenses affect a law firm’s legal malpractice policy limit…READ FULL POST


Legal Malpractice Insurance: Claims-Made Coverage, Part 5 of 5: How It Affects Your Premium

By Curtis Cooper | June 26, 2015

Your firm’s malpractice premium depends onREAD FULL POST


Legal Malpractice Insurance: Claims-Made Coverage, Part 4 of 5: Avoiding Gaps

By Curtis Cooper | June 14, 2015

Last time, we saw how switching malpractice insurers can create a gap in a law firm’s coverage, when a claim scenario like this arises: READ FULL POST


Legal Malpractice Insurance: Claims Made Coverage, Part 3 of 5: Gaps
By Curtis Cooper | May 29, 2015

Previously, we discussed how claims-made policies differ from occurrence policies, and how attorneys’ lack of understanding of their claims-made policy can cause gaps in their malpractice coverage that may put their personal assets at risk if they’re sued.

Today, we’ll look at one of the events that can cause a coverage gap, and how to avoid it: READ FULL POST


Legal Malpractice Insurance: Claims-Made Coverage, Part 2 of 5: Triggers
By Curtis Cooper | April 30, 2015

Our last post discussed how claims-made policies differ from occurrence policies, and the three conditions that must be met for a claim to trigger coverage under your claims-made policy: READ FULL POST

 

Legal Malpractice Insurance: Claims-Made Coverage, Part 1 of 5: vs. Occurrence Coverage
By Curtis Cooper | March 30, 2015

Introduction: For decades, all property-casualty insurance polices were occurrence policies, which cover claims that arise out of incidents that take place during the policy period, regardless of when the claims are made. For example,..READ FULL POST

 

Family Law: Legal Malpractice Risk and Remedies (Part II of II)
By Curtis Cooper | February 27, 2015

Part I examined the types of legal malpractice claims commonly filed against Family Law attorneys. The risk management measures discussed here will help them avoid such claims. READ FULL POST


Family Law: Legal Malpractice Risk and Remedies (Part I of II)
By Curtis Cooper | January 28, 2015

Introduction: Family Law attorneys are sued for malpractice more often than attorneys in every other practice area except Real Estate and PlaintiffsPersonal Injury, according to the American Bar Association’s most recent…READ FULL POST

 

OLD BLOG
The Lawyers Risk Management and Insurance Blog: a law firm’s first line of defense against legal malpractice, data breach, client trust account fraud, etc., is good risk management; its last line of defense is good insurance.

Post #10: What Do You Call 1000 Dead Lawyers? A Chance To Teach Legal Ethics
Curtis Cooper | September 2, 2014

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Post #9: California Pol Moonlighting as Lawyer Stirs Up Controversy and Conflicts By Curtis Cooper | August 3, 2014

California State Treasurer Bill Lockyer recently announced that he’ll be moonlighting as a lawyer at international firm Brown Rudnick, LLP. Several commentators have pointed out the potential conflict:…READ FULL POST

Post #8: For Lawyers, It’s an Especially Good Time to Specialize By Curtis Cooper | July 5, 2015 | Archives

According to “The Specialist Economy”, a white paper from staffing firm Robert Half International, which “examines the trend toward specialization (in the economy and the workforce)”, the high demand for workers in “fields that require both a college education and specialization”, such as law…READ FULL POST

Post #7: Coming M&A Boom Presents Risks and Opportunities for Law Firms By Curtis Cooper | June 6, 2014

A prominent money manager predicts an imminent boom… READ FULL POST

Post #6: New Psychiatric Disorders May Become Employment Lawyers’ Full Employment Act By Curtis Cooper | May 31, 2014

The American Psychiatric Association published the 5th edition of its Diagnostic and Statistical Manual of Mental Disorders (DSM-5), which psychologists and physicians use to… READ FULL POST

Post #5: Fraudsters and Scammers Are Still Targeting Lawyers – Including You (Part II) By Curtis Cooper | December 10, 2013

Part I explained the types of check scams targeting lawyers, and how they work.  This post explains how you can avoid being victimized by these scams… READ FULL POST

Post #4: Fraudsters and Scammers Are Still Targeting Lawyers – Including You (Part I) By Curtis Cooper | November 30, 2013

A high-profile prosecution of scammers that targeted law firms, and extensive efforts by bar associations, legal malpractice insurers, etc., to educate lawyers about those scams have reduced the threat, but the AvoidAClaim blog reported receiving over 200 emails last month from lawyers who were the target of scammers.

Here’s how these scams work: READ FULL POST

Post #3: More Lawsuits Spur Attorney Hiring, Which Spurs More Lawsuits Against Attorneys By Curtis Cooper | November 18, 2013

31% of lawyers with hiring authority said that their firm plans to add new positions in the second half of 2013, and 50% said their firms are seeking to fill vacancies, according to a survey by staffing firm Robert Half Legal. 55% of the respondents expect increased litigation work to drive their firm’s hiring…READ FULL POST

Post #2: Storm Warning: Disaster-Proof Your Practice for Hurricane and Winter Season, Part II By Curtis Cooper | September 16, 2013

Our last post discussed risk management measures that a law firm should implement to avoid a shutdown if its office becomes inaccessible due to damage from a hurricane, fire, or other disaster. Good risk management measures like these are a law firm’s first line of defense against a not only a property loss, but a malpractice claim, data breach, etc. Its last line of defense is good insurance, which the topic of today’s post. READ FULL POST

Post #1: Storm Warning: Disaster-Proof Your Practice for Hurricane and Winter Season, Part I By Curtis Cooper | September 6, 2013

There are still over two months to go in hurricane season, which ends on November 30th. Winter will arrive three weeks later, bringing freezing weather, snow and ice storms, and high winds to much of the US.

What if damage from a hurricane, winter storm, or other peril, such as a fire, shuts your office for days or even weeks? READ FULL POST

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