Tips for Law Firms on Limiting Exposure to Malpractice Risk of Lateral Hires

September 24, 2019

While lateral hiring has become an important growth strategy for law firms in recent years, it is also important for firms to protect themselves against exposure to potential malpractice claims that can travel with laterals. In a DRI For the Defense article, Hinshaw's Cassidy Chivers and Noah Fiedler consider steps firms can take to limit and manage this potential liability.

The authors note that conducting thorough due diligence should be the first step in process, and include vetting the candidate, the candidate's clients and the matters the candidate expects to transfer to the firm. Once due diligence is completed and a hire date scheduled, firms should (1)  communicate with the candidate's clients in a way that complies with the ethics rules and decisional law of the state of practice; and (2) evaluate how to take in the new clients and matters.

Read the full article (PDF)

"Everyone Has Baggage: Limiting the Liability that Travels with Lateral Hires," was published by DRI's For the Defense in August 2019.

Hinshaw & Culbertson LLP is a U.S. based law firm with offices in 11 states and London. The firm's national reputation spans the insurance industry, the professional services sector—including representation of law firms and lawyers—and other highly regulated industries, such as banking and finance and the debt collection sector. Hinshaw also provides a series of closely coordinated litigation, business advisory and transactional services to clients of all sizes as well as governmental and public sector entities.