Tales from the Claims Files

/Tales from the Claims Files

Money Can’t Fix Everything – Especially If It’s the Problem

It is often said that money is the root of all evil. I don't know if that's true but what is true is money is the center of all legal malpractice claims. A lawyer can be retained to help someone divide up precious heirlooms in an estate, to obtain citizenship in our country, to clear [...]

Burritos or Briefs – It’s About Preparation

What does making and freezing 30 breakfast burritos have in common with trial? Last weekend, as I found myself standing in the kitchen, elbows deep in scrambled eggs,  bacon, and tortillas, my mind wandered to a topic that I thought might be a fit for this blog — proper preparation and being ready for anything. [...]

Malpractice Insurance and the Dreaded Reservation of Rights Letter

I suspect having to deal with an allegation of malpractice isn’t something anyone would put on a list of “things I look forward to" for all kinds of reasons, not the least of which is the emotional roller coaster so many experience throughout the life of a claim. Of course, once the claims reporting process [...]

Thoughts on Avoiding Wire Transfer Scams

In the last couple of years, I have seen several instances where an attorney receives an email from a hacker pretending to be opposing counsel providing wiring instructions. Assuming the email is legitimate, the attorney authorizes the wire transfer. Usually within a few days, opposing counsel will ask where the money is and the fraud [...]

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 [...]