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The Lawyers' Lawyer Newsletter ― Recent Developments in Risk Management

April 21, 2009
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Counsel’s Duty to Cooperate During Discovery ― Boilerplate May Result in Waiver of Legitimate Objections

Mancia v. Mayflower Textile Servs. Co.,  253 F.R.D. 354 (D. Md. 2008)

Risk Management Issue: What actions must a lawyer take to satisfy her duty to cooperate in the course of discovery and preserve legitimate objections, and what can law firms do to oversee the litigation process to secure compliance with discovery rules?

Written Fee Agreements ― Need to Avoid Ambiguity

David J. Sacks, P.C. v Haden, 2008 WL 2702184 (Tex. 2008)

Risk Management Issue: What can lawyers do to improve engagement letters so these will most likely survive later challenges? 

Law Firm Dissolution ― Effect of Law Firm’s Bankruptcy on Its Ability to Purchase Professional Liability Insurance “Tail” Coverage

Risk Management Issue: What are the implications of a dissolving law firm’s bankruptcy on its ability to purchase an extended reporting period endorsement for its professional liability insurance coverage (commonly referred to as “tail" coverage)?

Avoiding Liability to Non-Clients; Duty to Disclose Error to Client for Potential Malpractice

Leonard et al. (Bremer) v. Dorsey & Whitney LLP, 553 F.3d 609 (Eighth Circuit 1/15/09)

Risk Management Issues: How can a law firm avoid legal malpractice liability to non-clients? When is a lawyer obliged to disclose an error to a client, which could lead to a potential malpractice claim? 

This newsletter has been prepared by Hinshaw & Culbertson LLP to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship.

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