Risks When Serving on a Board
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.
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Avoiding Risks When Making Case Evaluations
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.
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Issues to consider in Expert Witness Selection
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.
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FDCPA Liability
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.
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