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The First Thing We Do— Sue All The Lawyers: Emerging Trends in Legal Malpractice PowerPoint PPT Presentation


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The First Thing We Do— Sue All The Lawyers: Emerging Trends in Legal Malpractice. The Round-Up. MODERATOR: Irwin F. Giles, RPLU , President & CEO, Administrators for the Professions of Delaware, Inc. PANELISTS: Robert Bragalone, Esq. , Co-Managing Partner, Dallas Office, Gordon & Rees,

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The First Thing We Do— Sue All The Lawyers: Emerging Trends in Legal Malpractice

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The first thing we do sue all the lawyers emerging trends in legal malpractice

The First Thing We Do—Sue All The Lawyers: Emerging Trends in

Legal Malpractice


The round up

The Round-Up

MODERATOR:

  • Irwin F. Giles, RPLU, President & CEO, Administrators for the Professions of Delaware, Inc.

    PANELISTS:

  • Robert Bragalone, Esq., Co-Managing Partner, Dallas Office, Gordon & Rees,

  • Randy Johnston, Esq., Attorney, Board Certified in Civil Trial Law,

    Johnston & Tobey, PC

  • Kelley Heide Martin, Esq., Senior Claims Specialist, Line of Business Department, Scottsdale Insurance

  • Michele Wade, Executive Vice President, Lockton Insurance Agency of

    Dallas, Inc.


Discussion topics

Discussion Topics

Factors Contributing to the Rise of Claims Frequency:

  • Poor Economy

  • Business vs. Profession

  • Tort Reform

  • Targeted Areas of Practice

  • Take-Aways


Poor economy

Poor Economy

  • Effect on Law Firm Practice

  • Effect on Clients

  • Effect on Claims Process

  • Effect on Professional Liability Insurance


Business vs profession

Business vs. Profession

  • Attorney Advertising

  • Internet / Social Media

  • Urban Population Growth

  • Profitability


Tort reform

Tort Reform

  • Background

  • Malpractice Shift

  • Future Expectations


Targeted areas of practice

Targeted Areas of Practice

  • Historical

    • Personal Injury

    • Real Estate

    • Family Law


Targeted areas of practice1

Targeted Areas of Practice

Trends

  • Increase in Real Estate - related Claims

  • Bankruptcy Related Claims

  • Estate and Probate Work

  • Counterclaims


The first thing we do sue all the lawyers emerging trends in legal malpractice

Take-aways

For Lawyers:

  • Avoid the practice of “door law”

  • Do things early, not just on time

  • Increase client communications

  • Be sure to document the file wherever appropriate


The first thing we do sue all the lawyers emerging trends in legal malpractice

Take-aways

For Lawyers (cont’d)

  • Observe/evaluate potential conflicts

  • Don’t cover up mistakes; resolve them

  • Improve your “court-side manner”

  • Collect your ARs timely


The first thing we do sue all the lawyers emerging trends in legal malpractice

For Underwriters and Brokers:

Scrutinize applicants for the practice of “door law”

Focus on the practice areas applicants have and the new target areas for claims

Beware of “high turnover” firms

More carefully evaluate firm’s claims history

Take-aways


The first thing we do sue all the lawyers emerging trends in legal malpractice

Questions

&

Answers


Many thanks to

Many Thanks to …

  • Irwin F. Giles

  • Robert Bragalone

  • Randy Johnston

  • Kelley Heide Martin

  • Michele Wade


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