NYSBA

Legal Malpractice 2013 | LPM CLE Program

Friday, March 8, 2013

- Location -
Melville Marriott Long Island
1350 Old Walt Whitman Road
Melville, NY 11747
(631) 423-1600

9:00 a.m. - 1:00 p.m.

4.0 MCLE Credits
(3.0 ethics and 1.0 areas of professional practice/law practice management)

Legal Malpractice
Professional Liability Claims, Litigation Strategies and Ethics 

Brochure - Legal Malpractice 2013 CLE Program

Sponsored by the
Torts, Insurance and Compensation Law Section, the Trial Lawyers Section,
the Law Practice Management Committee and the Committee on Continuing Legal Education of the
New York State Bar Association

Lawsuits against lawyers arising from errors and/or omissions in the performance of legal services are on the rise. It is now an integral part of a law firm’s business practice to evaluate its legal risk and malpractice insurance needs. This program is designed to educate attorneys on how to prosecute and/or defend a legal malpractice action. In addition, this program will educate attorneys about their legal malpractice exposures, what they should do in the event that a lawsuit is filed against them, and what they should do when situations arise that indicate that a legal malpractice claim is likely. Both solo practitioners and members of larger firms would benefit from knowing how to assess professional liability risk and manage legal malpractice litigation.

You will learn to

  • Identify potential legal malpractice claims and avoid professional liability risk 
  • Respond appropriately when you are aware of a situation that could reasonably lead to a legal malpractice claim, or when such a claim is made or threatened against you 
  • Identify the main elements of a legal malpractice suit 
  • Prosecute and defend a legal malpractice action through trial 
  • Interact with professional liability insurance companies 

This program will bring you up-to-date on these important issues. Earn 3.0 MCLE ethics credits and 1.0 credit in areas of professional practice/law practice management.

Sponsored by the Torts, Insurance and Compensation Law Section, the Trial Lawyers Section and the Law Practice Management Committee of the New York State Bar Association.

Legal Malpractice 2013 
Professional Liability Claims, Litigation Strategies and Ethics 

Agenda 

8:30 a.m. - 9:00 a.m. Registration

9:00 a.m. - 9:10 a.m. Welcome and Introduction

9:10 a.m. - 10:00 a.m. Identifying and Responding to Professional Liability Claims 

—Claim Notification and Reporting Issues

* What Constitutes a “Claim”
* Responding to and Reporting of Potential Claims
* Representations in the LPL Application
* Notification of Claims

—What is Covered Under the Typical LPL Policy

* The Scope of Professional Services
* Non-Covered Acts, Errors or Omissions
* Damages Excluded from Coverage
* Intentional Acts/Fraud Exclusions
* Typical Exclusions 

(1.0 MCLE credit in areas of professional practice and/or law practice management)

10:00 a.m. - 10:50 a.m. Sources of Legal Malpractice Claims & Ethical Considerations

Panel Discussion with Professional Liability Industry Leaders

—Typical Claim Scenarios

* Conflicts of Interest
* Failure to Investigate/Evaluate Claims or Defenses
* Failure to Comply with Statute of Limitations
* Neglect of Prosecution/Trial Errors
* Failure to Protect Secured Interests/Assets/Property

—Claimants and Vicarious Liability– Who Can Sue and Be Sued

* Liability to Clients/Third-Parties
* Liability of Law Firm/Partners for Acts of Another

—Legal Malpractice Claim Defense Strategy

* Pre-Suit Discussions/Settlement
* Discovery/Legal Malpractice Litigation Management
* Use of Experts
* Motion Practice
* Trial Strategies/Tactics

(1.0 MCLE credit in ethics)

10:50 a.m. - 11:00 a.m. Break 

11:00 a.m. - 11:50 a.m. Legal Malpractice Causes of Action, Litigation Strategy and Ethics

—Theories of Liability

* Negligence
* Breach of Fiduciary Duty
* Statutory Liability
* Violations of Disciplinary Rules and Ethical Considerations
* Conflicts of Interest

—Statute of Limitations

* Claim Accrual
* Continuous Representation Doctrine
* Concealment and Discovery

—Capacity to Sue and Standing

* Privity
* Ripeness and Mootness
* Collateral Estoppel and Res Judicata 
* Release and Waiver

—The Standard of Care

* Negligence, Breach of Fiduciary Duty
* Statutory Liability/Violations of Disciplinary Rules
* Conflicts of Interest

—The Burden of Proof

* Causation
* Expert Opinions
* Damages

—Trial Tactics and Motion Practice

* Jury Selection
* Evidentiary Issues
* Expert Testimony
* Jury Instructions

(1.0 MCLE credit in ethics)

11:50 a.m. - 12:45 p.m. Risk Management for Lawyers

Discussion of Law Firm Risk Management Principles and Ethical Issues

* New Client/Matter Intake
* Conflict Management and Avoidance
* Engagement Letters/Part 1215 Requirements
* Docket and Calendar Management
* Billing Systems and Controls
* File Closing and Disengagement Letters
* Training and Associate Supervision
* Fee Actions
* Client Management

(1.0 MCLE credit in ethics)

12:45 p.m. – 1:00 p.m. Questions and Answers

1:00 p.m. Adjournment

Program Faculty

Overall Planning Chair

A. Michael Furman, Esq.
Furman Kornfeld & Brennan, LLP
New York City

Long Island Planning Chair: Marian C. Rice, Esq., L'Abbate, Balkan, Colavita & Contini, L.L.P

 
Brett A. Scher, Esq., Kaufman Dolowich Voluck & Gonzo LLP * Matthew K. Flanagan, Esq., Catalano Gallardo & Petropoulos, LLP, * Andrew S. Kowlowitz, Esq., Furman Kornfeld & Brennan LLP * Anthony J. Piazza, Esq., Hiscock & Barclay, LLP *  R. Evon Idahosa, Esq., Furman Kornfeld & Brennan LLP * Rebecca Toffolon, Esq., CNA * Bryan Jordan, Esq., Zurich North America- Professional Programs Claims *  Faye Dottheim Brooks, Esq., Hartford Financial Products - Lawyers' Professional Liability Claims * Emily Sacchetti, Esq., Liberty International Underwriters * Steven Phillips, Esq., Travelers Insurance Company Bond & Financial Products, Richard Mather, Esq., Allied World National Assurance Company * Mike Mooney, USI Affinity, Lisa Carol Spring, Esq., CNA * Michael Deegan, Esq., Zurich North America- Professional Programs Claims * Lana James-Moore, USI Affinity *  Evynne Grover, Esq.,York Pro, Inc. *  James Bradley, Crum & Forster * Susan Scharf, Esq., CNA * Victoria Chi, Esq., CNA * Karin Kruidenier, Travelers Insurance Company Bond & Financial Products * Michael Troiano, Esq., CNA *  Laurence Grob, Esq., Zurich North America- Professional Programs Claims * Allison McCabe, Esq., Liberty International Underwriters * Jason Joslyn, Esq., Travelers Insurance Company Bond & Financial Products *  Michelle Klein, Esq., Torus Insurance Co. * Dennis Supraner, Professional Liability Consulting Services, Inc. * A. Michael Furman, Esq., Furman Kornfeld & Brennan LLP *  Andrew Lavoott Bluestone, Esq., Andrew Lavoot Bluestone, Attorney at Law * Scott W. Bush, Esq., Corrigan, McCoy & Bush, PLLC * Frank M. Putorti, Jr., Esq., Frank M. Putorti, Jr. P.C. *  Lisa L. Shrewsberry, Esq., Traub Lieberman Straus & Shrewsberry LLP *  Jack Babchik, Esq., Babchik & Young LLP *  Janice J. DiGennaro, Esq., Rivkin Radler, LLP * Marian C. Rice, Esq., L'Abbate, Balkan, Colavita & Contini, L.L.P. * Dennis R. McCoy, Esq., Hiscock & Barclay LLP *  Harry Mooney, Esq., Hurwitz & Fine, P.C. * Philip Touitou, Esq., Hinshaw & Culbertson LLP * William T. McCaffery, Esq., L'Abbate, Balkan, Colavita & Contini, L.L.P. * Thomas A. Leghorn, Esq., Wilson Elser LLP * Mark K. Anesh, Esq., Lewis Brisbois Bisgaard & Smith, LLP *  Daniel G. Ecker, Esq., Traub Lieberman Straus & Shrewsberry LLP * Scott D. Barabash, Esq., Zurich America Insurance Company.

 

Legal Malpractice 2013

Friday, March 8, 2013 | 9:00 a.m. - 1:00 p.m.

Melville Marriott - Long Island
1350 Old Walt Whitman Road
Melville, NY 11747

4.0 MCLE Credits
(3.0 ethics and 1.0 areas of professional practice/law practice management)

$125 Members | $225 Non-Members

 

Directions

From Eastern Long Island: Take the Long Island Expressway (495) West to Exit 49 North (Route 110 Huntington). Stay on the Service Road and after the second light, the hotel is on the right hand side. From Western Long Island: Take the Long Island Expressway (495) East to Exit 49 South (Route 110 Huntington). Make a left at the first light into Old Walt Whitman Road. Stay on Old Walt Whitman Road and the hotel will be on the right side. From the Northern State Parkway: Take the Northern State Parkway to Exit 40 South (Route 110 South). Continue to the westbound Service Road of the Long Island Expressway (495) West. Make a left onto the Service Road and the hotel will be on your right hand side. From the Southern State Parkway: Take the Southern State Parkway to Exit 32 North (Route 110 Huntington) to the Service Road of the Long Island Expressway (495) West. Make a left onto the Service Road and the hotel will be on your right hand side. From MacArthur (Islip) Airport: Take Veterans Memorial Highway (Junction 454) Northbound to the Long Island Expressway (495) West to Exit 49 North (Route 110 Huntington) Continue on the Service Road and the hotel is just past the second light on the right hand side. From LaGuardia Airport: Take the Grand Central Parkway Eastbound to the Northern State Parkway East to Exit 40 South (Route 110 South) Continue to the Westbound Service Road of the Long Island Expressway (495). Make a right at the light onto the Service Road and the hotel is on the right hand side. From JFK Airport: Take the JFK Expressway East to the Belt Parkway East and follow the signs to the Southern State Parkway East. Take the Southern State Parkway to Exit 32 North (Route 110 Huntington). Make a left onto the Westbound Service Road of the Long Island Expressway (495) and the hotel will be on your right hand side. From Newark International Airport: Take the New Jersey Turnpike North (Route 95) to Exit 13. To the Verrazanno Bridge. From the bridge take the Belt Parkway East to the Cross Island Parkway North to the Long Island Expressway East to Exit 49 South (Route 110 Huntington). Make a left at the first light, onto Old Walt Whitman Road and the hotel will be on your right hand side. From the Verrazanno Bridge, Staten Island, New Jersey and Brooklyn: Belt Parkway East to the Cross Island Parkway North to the Long Island Expressway (495) to Exit 49 South (Route 110 Huntington). Make a left at the first light onto Old Walt Whitman Road and the hotel will be on your right hand side. From Throgs Neck Bridge, Whitestone Bridge, Upstate NY and New England: Cross Island Parkway South to the Long Island Expressway (495) East to Exit 49 South (Route 110 Huntington). Make a left at the first light onto Old Walt Whitman Road and the hotel will be on the right hand side.

The last day to pre-register online was March 7, 2013.

Members, please login to get member discounts.

Pricing Information for Member
Seminar
0
LI-Registration $140.00
 

Pricing Information for Non Member
Seminar
0
LI-Registration $240.00
 

Pricing Information for Student Member
Seminar
0
LI-Registration $50.00
 

Accommodations for Persons with Disabilities:
NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact Cindy O'Brien at 800-582-2452 or cobrien@nysba.org.