The Duty of Communication when Malpractice has Occurred
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. |
Liability to Third Parties
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. |
Malpractice Trends
The Bar Plan has seen dramatic changes in the legal malpractice area since its formation more than twenty years ago. |
Risks When Representing a Fiduciary
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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