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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.

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.

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.

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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WARNING AND DISCLAIMER: The information herein was prepared by The Bar Plan Mutual Insurance Company for general information purposes, and should not be construed as legal advice or legal opinion with regard to any specific circumstance or set of facts. The reader must conduct independent research and analysis to determine all possible and appropriate legal and ethical issues that might apply to a specific situation and the best way to address these issues in the jurisdiction where the reader is located. Professional Conduct Rules vary from state-to-state. Depending on the location of the reader, the information in this article may are may not be applicable.

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