http://www.thebarplan.com/RiskManagement/Library/MA.aspx Malpractice Avoidance - RSS Feed en-us Web Master Web Master Tue, 07 Sep 2010 19:28:43 GMT EfficionConsulting Articles Module (www.efficionconsulting.com) Copyright 2010, The Bar Plan The Talk is that conversation with the client where the attorney must explain that something has gone awry and the client may have a claim against the attorney. The purpose of The Talk is two-fold. First, the attorney's fiduciary duties to the client demand it, and second, when handled correctly, it can be a valuable asset in the management of the claim. http://www.thebarplan.com/Portals/5/Documents/RiskManagement/Library/MA/2008 website article MA The Talk.pdf Christian Stiegemeyer Mon, 20 Jul 2009 00:00:00 GMT As intended third-party beneficiary liability evolves, particularly in the realm of estate planning/probate law, attorneys are understandably concerned about the ever-broadening class of non-clients who can sue them for legal malpractice. http://www.thebarplan.com/Portals/5/Documents/RiskManagement/Library/MA/2008 website article MA Lawyers not Required to have Super Powers.pdf Christian Stiegemeyer Mon, 20 Jul 2009 00:00:00 GMT The Bar Plan has seen dramatic changes in the legal malpractice area since its formation more than twenty years ago. http://www.thebarplan.com/Portals/5/Documents/RiskManagement/Library/MA/2008 website article MA The Legal Malpractice Climate is Ever Changing.pdf Christian Stiegemeyer Mon, 20 Jul 2009 00:00:00 GMT It is not uncommon for corporate clients to invite their lawyers to serve on its Board of Directors. In Missouri, such arrangements are a conflict of interest under M.R.P.C. 4-1.8(a) that can be waived with appropriate consultation. This article addresses some commonly encountered concerns related to this activity. http://www.thebarplan.com/Portals/5/Documents/RiskManagement/Library/MA/2008 website article MA Avoid Liability Under FDCPA.pdf Christian Stiegemeyer Mon, 20 Jul 2009 00:00:00 GMT It is not uncommon for corporate clients to invite their lawyers to serve on its Board of Directors. In Missouri, such arrangements are a conflict of interest under M.R.P.C. 4-1.8(a) that can be waived with appropriate consultation. This article addresses some commonly encountered concerns related to this activity. http://www.thebarplan.com/Portals/5/Documents/RiskManagement/Library/MA/2008 website article MA Serving on a Clients BoD.pdf Christian Stiegemeyer Mon, 20 Jul 2009 00:00:00 GMT An issue frequently confronted in the defense of a legal malpractice claim is the plaintiff's assertion that the defendant attorney would never have taken the underlying case if it had no value and/or that the attorney made statements to the client that the case had merit and a specific monetary value. However, the act of representing a client is not proof that, where negligence is found, proximate damages are a given. http://www.thebarplan.com/Portals/5/Documents/RiskManagement/Library/MA/2008 website article MA Case Evaluations.pdf Christian Stiegemeyer Mon, 20 Jul 2009 00:00:00 GMT Expert witnesses are a necessary function of what many attorneys do. In fact, it so an inherent a part of some practices that it can become tantamount to a reflex action. Like anything we do on a routine basis, it's good to step back and look at the process from its most elemental basis. http://www.thebarplan.com/Portals/5/Documents/RiskManagement/Library/MA/2008 website article MA Best Expert Witness.pdf Christian Stiegemeyer Mon, 20 Jul 2009 00:00:00 GMT The Fair Debt Collection Practices Act (FDCPA) was drafted to eliminate abusive, deceptive and unfair debt collection practices, and promote consistent state action to protect consumer debtors. Unfortunately, lawyers can often be unwittingly caught up in the Act, with potential consequences for themselves and their clients. http://www.thebarplan.com/Portals/5/Documents/RiskManagement/Library/MA/2008 website article MA Avoid Liability Under FDCPA.pdf Web Master Mon, 20 Jul 2009 00:00:00 GMT Sometimes the unthinkable happens - a divorcing couple remains on civil terms. An ex-spouse might actually want to ensure the financial well-being of the other by agreeing that the other spouse will remain the designated beneficiary of a life insurance policy purchased during the marriage. Or, maybe such an arrangement is simply effected as part of a property distribution. The trick for the Missouri practitioner is to remember RSMo 461.051. http://www.thebarplan.com/Portals/5/Documents/RiskManagement/Library/MA/2008 website article MA Are You Aware of This.pdf Christian Stiegemeyer Mon, 20 Jul 2009 00:00:00 GMT Your Clients Need Help: Protect Them - Trading-in a traditional Defined Benefit Plan for a new 401(k) Plan does not eliminate a plan sponsor's fiduciary responsibility - or potential liability. You can help your clients stay out of trouble with some important and necessary "heads up" advice. http://www.thebarplan.com/Portals/5/Documents/RiskManagement/Library/MA/2008 website article MA Your Clients Need Help.pdf Christian Stiegemeyer Fri, 17 Jul 2009 00:00:00 GMT