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Legal Malpractice 2013 | LPM CLE Program

- Location -
Holiday Inn Rochester Airport
911 Brooks Avenue
Rochester, NY 14624
(585) 328-6000

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 

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

Rochester Planning Chair: Dennis R. McCoy, Esq., Hiscock & Barclay LLP

Program Faculty: 
 
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, Attonrey 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.

ELECTRONIC COURSE MATERIALS (ECM)

COURSE MATERIALS FOR NYSBA CLE PROGRAMS ARE NOW DISTRIBUTED ELECTRONICALLY!

All program materials are distributed exclusively online in searchable PDF format, allowing attendees more flexibility in storing this information and allowing you to copy and paste relevant portions of the materials for specific use in your practice. A CLE NotePad © (paper) will be provided to all attendees at the live program site. The CLE NotePad © includes lined pages for taking notes on each topic, as well as any PowerPoint presentations submitted prior to printing.

Prior to a scheduled program date, all registrants will receive an email message containing a hyperlink that when clicked will provide you with access to the complete course materials in a searchable PDF format which can be downloaded to your computer using the “Save As” option under your “File” tab. Printing the complete materials is not required for attending the program. Online materials are updated periodically to reflect last minute submissions from program faculty, guaranteeing that you will always have the latest version of the materials.

Traditional printed course books may be ordered at the program site for a discounted price and will be shipped subsequent to the program date.

Legal Malpractice 2013

Friday, March 22, 2013 | 9:00 a.m. - 1:00 p.m.

Holiday Inn Rochester Airport
911 Brooks Avenue
Rochester, NY 14624

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

$125 Members | $225 Non-Members

Directions

The last day to pre-register online was March 21, 2013.

Members, please login to get member discounts.

Seminar
ROCH-Registration	$140.00

Seminar
ROCH-Registration	$240.00

Seminar
ROCH-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.