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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
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.
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LI-Registration
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$140.00
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| Seminar |
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LI-Registration
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$240.00
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LI-Registration
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$50.00
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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.
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