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

  2. 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.

  3. Discussion Topics Factors Contributing to the Rise of Claims Frequency: • Poor Economy • Business vs. Profession • Tort Reform • Targeted Areas of Practice • Take-Aways

  4. Poor Economy • Effect on Law Firm Practice • Effect on Clients • Effect on Claims Process • Effect on Professional Liability Insurance

  5. Business vs. Profession • Attorney Advertising • Internet / Social Media • Urban Population Growth • Profitability

  6. Tort Reform • Background • Malpractice Shift • Future Expectations

  7. Targeted Areas of Practice • Historical • Personal Injury • Real Estate • Family Law

  8. Targeted Areas of Practice Trends • Increase in Real Estate - related Claims • Bankruptcy Related Claims • Estate and Probate Work • Counterclaims

  9. 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

  10. 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

  11. 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

  12. Questions & Answers

  13. Many Thanks to … • Irwin F. Giles • Robert Bragalone • Randy Johnston • Kelley Heide Martin • Michele Wade

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