Tales from the Claims Files

/Tales from the Claims Files

Stay Out of the Sand Traps: Common Malpractice Mistakes

We are all human (although non-lawyers may question from time to time whether lawyers are an entirely different species) and even the best lawyers make mistakes. With a little preparation and attention to detail, however, we can minimize the pitfalls that surround the practice of law. In doing so, we can also make our practices [...]

Things to Consider BEFORE you sign a Tolling Agreement

You are working away in your office when out of the blue, you receive an email or telephone call from an attorney who represents a former client. The attorney tells you that they have been asked to review the work you did for the former client and that they are probably not planning to sue [...]

Most Dangerous Areas of Practice for Dabbling

Asking an attorney not to “dabble” in an unfamiliar area of practice is an easy concept to grasp, but much more difficult to put in practice.  Article after article has been written about the dangers of taking on a new type of case, and the risks associated with doing so — however, not every attorney [...]

Back To The Basics: To Report Or Not To Report? When in Doubt — Call ALPS

If you are an ALPS-insured firm and are unsure if you should report a situation, but it is on your mind, just call us and we can talk with you about your concerns and the issues involved in your specific fact pattern. Ultimately, it is your decision whether to report a potential claim but failing [...]

Trusting Your Co-Counsel is a Good Thing, Until It Isn’t

As I’m often apt to do, I have a story to share. A solo employment law attorney, let’s call her Betty, has substantial trial experience. In light of this, she is sometimes asked to serve as co-counsel with a personal injury attorney who she views as both a good friend and a competent attorney. This [...]

How to Host a Safe and Responsible Holiday Party

The holiday season is once again upon us and businesses across the land are gearing up for their annual office holiday parties.  These gatherings provide an opportunity for co-workers to relax and celebrate, and for management to express gratitude to employees for a job well done.  They can also give rise to complaints, liability, and [...]

ALPS In Brief Podcast – Episode 25: Avoiding Claims – 6 Practices Every Lawyer Should Implement

In this episode of the ALPS in Brief podcast, ALPS claims attorney Kobi Gibbs sits down with ALPS Risk Manager Mark Bassingthwaighte to offer examples and advise on best practices to implement to avoid finding yourself dealing with claims. ALPS In Brief, The ALPS Risk Management Podcast, is hosted by ALPS Risk Manager, Mark Bassingthwaighte. [...]

Document, Document, Document

A lot of legal malpractice claims come down to a he-said-she-said between the lawyer and the client and, despite ethical obligation of candor imposed upon lawyers, more often than not those type of disputes go the way of the client absent that documentation. Imagine the client who negotiates a business deal and comes to you [...]

Timely Reporting Of Potential Legal Malpractice Claims Is So Important

Your ALPS policy is a “Claims Made and Reported” insurance policy. What does that mean? It means that as a condition precedent to ALPS’ obligation to defend or indemnify you, you must immediately report any claim, or something that could reasonably be expected to be the basis of a claim, to ALPS during your current [...]

When Facing a Malpractice Claim, Please Try Not To Make Things Worse Than They Already Are.

For over 20 years now, I have worked for an insurance company that insures lawyers for their malpractice. Trust me when I say I get it. There are going to be times when an insured doesn’t necessarily agree with every decision the company must make in trying to resolve his or her claim. That’s going [...]