Many lawyers and law firms are seeking the benefits of entering into Of Counsel relationships without paying enough attention to the potential risks.
Often, when conducting research on verdicts or preparing for trial, we turn to statistics to better calculate risk. We look up previous cases and examine their outcomes. We ask other attorneys about their verdicts. Sometimes, we even conduct statistical jury research to build a jury profile for use in jury selection.
However, even armed with such information, incorrect estimations of risk happen more than we may think.
It comes as no surprise that we as lawyers must avoid violating our profession’s unique ethics rules. Of course, we must also comply with the normal criminal and civil obligations that govern every citizen’s conduct. It can be difficult to analyze the intersection between these two sets of principles.
The economic downturn is fueling a new batch of malpractice claims against lawyers.
“When you talk to claims people, they are consistently seeing that volume is up,” said Edith Matthai, a partner with Robie & Matthai in Los Angeles and chair of the lawyers professional liability committee of the ABA.
As blogging makes its way into the business world, companies need to be aware of the risks as well as the rewards of the latest mass communication phenomenon.
Many lawyers fear him – a lawyer who earns his living suing other lawyers for malpractice. Others know him as an all around well-respected guy. But love him or hate him, Christopher Hoge sees first hand what gets lawyers into legal trouble.
Hoge, an AV-rated lawyer based in Washington, D.C.,
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