Tales from the Claims Files

/Tales from the Claims Files

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 [...]

A Decision to Share Office Space Can Be a Great One, Except When It Isn’t.

Some attorneys prefer working in an office share setting. And look, I get it. The reasons for doing so can be compelling. There’s the savings on overhead, the presence of others who can provide personal and professional support, the opportunity for cross referrals, and the list goes on. While I have no desire to quash [...]

Don’t Be a Jerry

Missoula, Montana is home base to ALPS, the largest direct writer of attorney legal malpractice in the nation. Montana is also the home of some of the biggest skiing in the United States. Thus, it seems natural to us to discuss some legal pitfalls we see during the week on the claims desk and illustrate [...]

Why You Must Immediately Report a Cyber Claim.

It seems that every week, the news reports on yet another company that suffered a cyber breach.  Law firms, even small firms, are not immune from cyber-attacks.  As you know, your ALPS legal malpractice insurance comes with a separate Cyber policy attached unless you opted out of this coverage.  However, as this is a new [...]