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Legal Malpractice and Ethics for Trial Lawyers

Legal Malpractice and Ethics for Trial Lawyers. By Joseph J. Brophy, Esq. Ethical pitfalls and what to do if you fall in. Escrow means it’s not your money Rule 1.15. Commingling. What don’t you understand about commingling? Matter of Salo Matter of Kressner.

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Legal Malpractice and Ethics for Trial Lawyers

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  1. Legal Malpractice and Ethics for Trial Lawyers By Joseph J. Brophy, Esq.

  2. Ethical pitfalls and what to do if you fall in

  3. Escrow means it’s not your moneyRule 1.15

  4. Commingling • What don’t you understand about commingling? • Matter of Salo • Matter of Kressner

  5. Bounce an escrow check and see what happens • Matter of Francis

  6. We’re all partners here • Matter of Maroney • Matter of Spencer • Matter of Ponzini

  7. Chasing • In re Katzka • Matter of Ravitch

  8. Litigation funding • In re World Trade Center Litigation • NYLJ 3/14/11 • Former client blames firm for “usurious” funding of Suit • NYLJ 3/15/11

  9. Honesty is the only policy • Matter of Cousins • Matter of Cellino • Matter of Friedman

  10. A Notary is not just a rubber stamp • Matter of Vitelli

  11. Conflicts • It’s not just passengers anymore • Tavarez v. Hill

  12. Conflicts- Mass Torts • In re World Trade Center Disaster Site Litigation • NYLJ 3/14/11

  13. Fee forfeiture • Other ways not to get paid your fee • Chen v. Chen • Rodriguez v. Custodio

  14. Avoiding Legal Malpractice Claims and Grievances

  15. It’s all about the client • Principles of Risk Management • Communication • Communication • Communication

  16. Who is the client anyway- and who is the lawyer? • Huffner • Wei Cheng Chang • Reed

  17. Common Malpractice Traps

  18. Public Authorities Nightmare • Limitations of time are the simplest thing… • Except when they aren’t • Goldenberg v. Westchester County Health Care Corp.

  19. Conflicts of interest • Ulico Casualty Co. v. Wilson, Elser, Moskowitz, Edeman & Dicker • Pillard v. Goodman

  20. It’s too late to research after you’ve created the problem • Ditondo v. Meagher • Fielding v. Kupferman • Christ v. The Law Offices of Levine & Grossman

  21. Prosecuting Legal Malpractice Cases • Duty • Claim accrual • Elements • Statutory liability

  22. Duty • Privity • Scope of Retention

  23. Claim Accrual • Continuous representation • Termination of relationship

  24. Elements • Departure from the standard of care • Causation- the case within the case • Damages and the but-for rule

  25. Statutory Liability- Judiciary law Sect. 487 • Deceit or Collusion -> • Treble Damages

  26. The malpractice revolution devours its children

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