Avoiding Legal Malpractice Law Suits
|
|
- Cori Easter Bruce
- 7 years ago
- Views:
Transcription
1 Avoiding Legal Malpractice Law Suits Daniel L. Abrams Law Office of Daniel L. Abrams, PLLC 2 Penn Plaza, Suite 1500 New York, NY Dan@LawyerQuality.com 1
2 Daniel L. Abrams concentrates his practice in the areas of commercial litigation, legal malpractice, legal ethics and appeals. Mr. Abrams received his J.D. from Yale Law School in 1995 where he was an Olin Fellow of Law and Economics. He is licensed to practice law in New York State, and is a member of The Association of Professional Responsibility Lawyers and the Association of the Bar of the City of New York, where he served on the Professional Responsibility Committee and the Subcommittee on Lawyer Promotion and Advertising from He also serves as a member of the Lawline.com faculty, and has lectured for the Practicing Law Institute, lecturing on behalf of these associations to provide Continuing Legal Education credit to attorneys on legal ethics issues. He has also appeared as a guest lecturer at Suffolk University Law School on legal ethics. He has provided expert testimony on legal ethics and malpractice. His litigation cases include a multi-million dollar reversal of an arbitration award, a defense victory after a bench trial in a breach of contract case, and many favorable settlements of commercial disputes and legal malpractice cases. DISCLAIMER: The following materials and accompanying Access MCLE, LLC audio program are for instructional purposes only. Nothing herein constitutes, is intended to constitute, or should be relied on as, legal advice. The author expressly disclaims any responsibility for any direct or consequential damages related in any way to anything contained in the materials or program, which are provided on an as-is basis and should be independently verified by experienced counsel before being applied to actual matter. By proceeding further you expressly accept and agree to Author s absolute and unqualified disclaimer of liability. 2
3 Table Of Contents Introduction:. I. Client Selection. II. Retainer Agreements. III. Day-To-Day Client. Communications IV. Legal Bills. V. Withdrawal. Should I Stay or Should I Go? VI. Tips and Conclusion. Pages 4-6 Pages 7-11 Pages Pages Page 18 Pages Pages
4 INTRODUCTION: Why Do Clients Sue? The Perception Of Disloyalty Is The Primary Reason; A Bad Result Is Usually A Secondary Consideration; The Existence or Non-existence Of Attorney Negligence Is Usually A Tertiary Consideration. 4
5 What Do The Strongest Malpractice Cases Look Like? Clear Mistakes (e.g., missed deadlines, suing the wrong party); Conflicts Of Interest Or Something Else That Can Increase Jury Appeal; High Economic Loss; Tight Causal Connection Between The Mistake and The Loss; 5
6 Stages Where Attorneys Often Get Into Trouble Client Selection Retainer Agreements Routine Client Interactions Legal Bills Disengagement 6
7 Client Selection: Rules Implicated Rule 1.1 Competence Rule 1.5 Fees Rule 1.7 Concurrent Conflicts Rule 1.9 Conflicts With Former Clients Rule 1.13 If Client Is A Corporation Rule 1.18 Duties To Prospective Clients 7
8 Client Selection: Try To Avoid These Clients The Wanna-Be Attorney Uninterested Client Dishonest or Gray Area Client Cheapskate Client Last-Minute Client *** Also be wary of taking on matter where you lack appropriate experience 8
9 Client Selection: Where Client Expectations Begin Test Client By Discussing The Downside This Will Build Trust With Good Clients And Likely Scare Away Bad Ones. 9
10 Client Selection Part 2: Securing Clients Over The Internet Do Not Give Advice To Strangers Over The Internet; Attorney-Client Relationship Does Not Require A Meeting Or Even A Phone Call; s May Come From States Where Attorney Is Not Licensed To Practice; You Risk Being Sued Out Of State And Forfeiting Malpractice Coverage 10
11 How To Decline A Representation Just Say No Can Be Risky, Though Most Attorneys At Least Occasionally Do This; Notify Client In Writing If You Have Met Face to Face In Your Office, Or A Statute of Limitations Is About To Expire; Avoid The Forever Lingering Consultation Either Take The Matter On Or Turn It Down. 11
12 Retainer Agreement Have One In Writing; Define The Scope Of The Representation (Rule 1.2); Specify Fees, Billing Practices and When Payment Will Be Expected; Deal With Any Potential Conflicts Of Interest; Money Up Front. 12
13 Retainer Agreement: Dual Representation Be Especially Wary Of Representing More Than One Client; Be Mindful Of Rule 1.7; Secure Waivers If Necessary, But Not All Conflicts Can Be Waived; Regardless Of What The Waiver Says, Keep Dual Clients Informed Of Developments Which May Aggravate The Conflict 13
14 Retainer Agreement: Corporate Clients Clarify The Client (i.e., the corporation, not the person who hired you); Follow Rule 1.13; Specify The Chain Of Command And Follow It; Deal With Contingency Of A Disagreement Among Corporate Principals Or Change In Corporate Control. 14
15 Client Communications: Rule 1.4 Promptly Inform Client Of Any Circumstance Requiring Client s Informed Consent; Reasonably Consult With The Client About Tactics; Keep Client Reasonably Informed Comply With Reasonable Requests For Information *** The Adverbs Are Not That Useful In Deciding What To Do Day-To-Day 15
16 The Start Of A Representation: Best Time To Explain What You Can And Cannot Do; Approximately How Much It Is Likely To Cost; Process; Possible Outcomes; How You Like To Communicate 16
17 Day-To-Day Client Communications Listen; Become The Narrator Of The Legal File; Make Sure Client Consent Is Documented; Return Phone Calls/Respond To s; Discuss Tactics With Client; Talk About Money 17
18 Communicating In A Legal Bill Monthly; Time Entries Should Actually Explain What You Are Doing; Minimize Surprises Related To Content And Amount; Client Questions About Bills Should Be Answered In Plain English; Don t Let Clients Get Far Behind On Their Bills. 18
19 Should I Stay Or Should I Go? Four Reasons Attorneys Want Out: Deterioration In Relationship; Not Getting Paid; Emerging Conflict of Interest; Personal Circumstances 19
20 If I Go There Will Be Trouble Rule 1.16; Attorneys Firing Clients While Legal Work Is Pending Is Disfavored; In Litigation, Lawyer Can Only Withdraw With Permission of Court; Withdrawing Attorney Must Protect Client Interests; Escape Clauses Do Not Override Rule
21 Poor Reasons For Withdrawal Too Many Other Client Commitments; The Case Is Too Expensive To Finance; A Weak But Non-Frivolous Case; Lateral Moves; Desire To Cure A Conflict So That The Lawyer Can Take On A More Lucrative Client. 21
22 And If I Stay It Will Be Double: Good Reasons To Withdraw Toxic Clients; Breakdown of Trust; Unpaid Legal Bills; Emerging Conflict Of Interest; Accusation Of Malpractice 22
23 The Disengagement Letter Confirm That Its Over; Provide Notice If Possible And Necessary; Do Not Comment On Merits; Recommend That Client Hire Other Counsel, And That New Counsel Call You; Provide Balance Information But Avoid Turning It Into A Collection Letter; Discuss Status Of File. 23
24 Miscellaneous Tips 1. Stay Educated. 2. Double Calendar All Deadlines, Appearances And Limitations Periods. 3. Maintain Malpractice Insurance. 4. Notify Client And Carrier About Any Potential Problem. 5. Write A Letter To The Client Confirming That A Representation Has Ended. 24
25 Be Cautious Before: Asserting A Retaining Lien; Suing A Former Client For Unpaid Fees; Entering A Business Relationship With A Client; Taking On Too Much Work; Overpromising, Either In Terms of Work Product Or Anticipated Results. 25
A federal court authorized this notice. This is not a solicitation from a lawyer.
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK If you applied for employment at a Van Heusen, Izod, G.H. Bass and Calvin Klein retail store or warehouse between April 3, 2010 and May
More informationCOLORADO SUPREME COURT OFFICE OF ATTORNEY REGULATION COUNSEL
Hiring and Working with an Attorney COLORADO SUPREME COURT OFFICE OF ATTORNEY REGULATION COUNSEL Hiring and Working with an Attorney Adapted with permission from the Supreme Court of Ohio A Consumer s
More informationClient Management SAMPLE FORMS
Client Management SAMPLE FORMS By: Professional Liability Loss Prevention Counsel Louisiana State Bar Association Office of Loss Prevention Gilsbar, Inc. P. O. Box 998 Covington, LA 70434 Phone: (985)
More informationPROFESSIONAL COUNSELSM
PROFESSIONAL COUNSELSM ADVICE AND INSIGHT INTO THE PRACTICE OF LAW Lawyers Toolkit 3.0: A Guide to Managing the Attorney-Client Relationship A CNA PROFESSIONAL COUNSEL GUIDE FOR LAWYERS AND LAW FIRMS The
More informationCLIENT COMMUNICATIONS: A CRITICAL ASPECT OF SOUND LEGAL PRACTICE AND LAW FIRM MANAGEMENT
CLIENT COMMUNICATIONS: A CRITICAL ASPECT OF SOUND LEGAL PRACTICE AND LAW FIRM MANAGEMENT The lawyer with insurance has been and will continue to be a deep pocket target. There are some simple yet effective
More informationDrafting Ethical, Effective Engagement Letters that Reduce Firm Liability and Improve Client Relationships
Drafting Ethical, Effective Engagement Letters that Reduce Firm Liability and Improve Client Relationships FEATURED FACULTY: J. Randolph Evans, Partner, McKenna Long & Aldridge LLP 404.527.8330 revans@mckennalong.com
More informationRULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES
RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES (a) Illegal, Prohibited, or Clearly Excessive Fees and Costs. [no change] (b) Factors to Be Considered in Determining Reasonable Fees and Costs. [no change]
More informationIf you had a loan serviced by Ocwen Loan Servicing, LLC, your rights may be affected by a class action settlement, including your right to money.
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA If you had a loan serviced by Ocwen Loan Servicing, LLC, your rights may be affected by a class action settlement, including your right
More informationReflections on Ethical Issues In the Tripartite Relationship
Reflections on Ethical Issues In the Tripartite Relationship [click] By Bruce A. Campbell 1 Introduction In most areas of the practice of law, there are a number of ethical issues that arise on a frequent
More informationAttorney Withdrawal: The Ins-and-Outs of Getting Out
Attorney Withdrawal: The Ins-and-Outs of Getting Out In a perfect world, every matter a lawyer handles for a client would come to a timely, successful, and profitable conclusion. Sometimes, however, it
More informationBBB Rules of Non-Binding Arbitration for Extended Service Plans/Extended Service Coverage Naming BBB as Administrator
BBB Rules of Non-Binding Arbitration for Extended Service Plans/Extended Service Coverage Naming BBB as Administrator BBB ARBITRATION Your Better Business Bureau (BBB) is a nonprofit organization supported
More informationATTORNEY CLIENT AGREEMENTS GETTING PAID AND STAYING OUT OF TROUBLE THE ACTUAL CLIENT
ATTORNEY CLIENT AGREEMENTS GETTING PAID AND STAYING OUT OF TROUBLE THE ACTUAL CLIENT James King is a sole practitioner in San Diego, CA and has been practicing law for more than 30 years. His trial testimony
More informationLawyers Engagement Letter Matrix
Lawyers Engagement Letter Matrix TRAVELERS 1ST CHOICE A well-crafted engagement letter can be a very effective tool for avoiding and defending malpractice claims and ethical complaints. Furthermore, engagement
More informationJ.V. Industrial Companies, Ltd. Dispute Resolution Process. Introduction
J.V. Industrial Companies, Ltd. Dispute Resolution Process Companies proudly bearing the Zachry name have had the Dispute Resolution Process ( DR Process ) in place since April 15, 2002. It has proven
More informationThe Enforceability of Mediated Settlement Agreements. By: Thomas J. Smith The Law Offices of Thomas J. Smith San Antonio, Texas
The Enforceability of Mediated Settlement Agreements By: Thomas J. Smith The Law Offices of Thomas J. Smith San Antonio, Texas NIGHTMARE ON MEDIATION STREET You mediate a case where the Plaintiff is suing
More informationPlaintiff, NO. 2603. Defendants.
SOPHIA KRIVY, on behalf of herself and all others similarly situated, v. Plaintiff, JEAN MADELINE EDUCATION CENTER OF COSMETOLOGY, INC., d/b/a THE JEAN MADELINE AVEDA INSTITUTE ; JEAN MADELINE, INC., d/b/a
More informationLegal Malpractice: Getting the Most out of Your Expert Witness
Legal Malpractice: Getting the Most out of Your Expert Witness Bennett J. Wasserman, Esq. LegalMalpractice.com expertise beyond expectation! American Board of Professional Liability Attorneys New Orleans,
More informationThe APR for purchases is the prime rate plus 23.74%. This APR will vary with the market based on the Prime Rate.
FR833282333_BP VISA CREDIT CARD WITH DRIVER REWARDS T&C DC PDF [19833D] 03/16 Interest Rates and Interest Charges Annual Percentage Rate (APR) for Purchases SYNCHRONY BANK RATES AND FEES TABLE PRICING
More informationLAWYERINGLAW.COM. http://www.lawyeringlaw.com/index.cfm?fuseaction=sub.getdoc&docid=645. Avoiding Legal Malpractice Claims
Page 1 of 6 LAWYERINGLAW.COM Avoiding Legal Malpractice Claims 14 The Forum 459 (1979) and 50 N.Y. St.B.J. 557 (1978). By Ronald Mallen Malpractice claims are not limited to the medical profession. It
More informationJanuary 9, 2006. The Self Help Legal Center. Southern Illinois University School Of Law Carbondale, IL 62901 (618) 453-3217
January 9, 2006 The Self Help Legal Center Southern Illinois University School Of Law Carbondale, IL 62901 (618) 453-3217 2 TABLE OF CONTENTS Table of Contents 2 Disclaimer 3 Warning to all readers 4 Who
More informationAnnual Percentage Rate (APR) for Purchases 25.49%* This APR will vary with the market based on the Prime Rate.
(BA922TC0216MCY) (68/14) DEPARTMENT STORES NATIONAL BANK CREDIT CARD DISCLOSURES FOR THE MACY S AMERICAN EXPRESS ACCOUNT Interest Rates and Interest Charges Annual Percentage Rate (APR) for Purchases 25.49%*
More informationAddressing Abusive Lawyer Conduct in Relation to Litigation Proceedings
Author: Attorney Dan A. Riegleman N63 W23965 Main Street Sussex, Wisconsin 53089 Prepared: 06/01/10 WHITE PAPER: DR2504 Addressing Abusive Lawyer Conduct in Relation to Litigation Proceedings There are
More informationHOUSTON POLICE OFFICERS PENSION SYSTEM ESTATE-PLANNING POLICY SECTION 3100
ESTATE-PLANNING POLICY 1 TABLE OF CONTENTS SECTION PAGE 3100 INTRODUCTION... 3 3101 PURPOSE... 3 3102 ELIGIBILITY... 3 3103 STAFF ATTORNEY... 3 3104 CERTIFICATION BY THE TEXAS BOARD OF LEGAL SPECIALIZATION...
More informationINTRODUCING BROKER COMMODITY FUTURES CUSTOMER AGREEMENT WITH E*TRADE SECURITIES LLC
INTRODUCING BROKER COMMODITY FUTURES CUSTOMER AGREEMENT WITH E*TRADE SECURITIES LLC Re: Supplement to Commodity Futures Customer Agreement dated between MF Global, Inc ( MF Global ) and the customer named
More informationCRIMINAL DEFENSE AGREEMENTS
5/6/13 CRIMINAL DEFENSE & CIVIL LITIGATION AGREEMENTS LLOYD M. CUETO LAW OFFICE OF LLOYD M. CUETO P.C. 7110 WEST MAIN STREET BELLEVILLE, ILLINOIS 62223 (618) 277-1554 CRIMINAL DEFENSE AGREEMENTS HOW TO
More informationTerms and Conditions for Tax Services
Terms and Conditions for Tax Services In the course of delivering services relating to tax return preparation, tax advisory, and assistance in tax controversy matters, Brady, Martz & Associates, P.C. (we
More informationPENNSYLVANIA BUILDERS ASSOCIATION INSTRUCTIONS TO HOME IMPROVEMENT MODEL CONTRACT STANDARD FORM Introduction
PENNSYLVANIA BUILDERS ASSOCIATION INSTRUCTIONS TO HOME IMPROVEMENT MODEL CONTRACT STANDARD FORM Introduction Below are instructions for use with the Home Improvement Model Contract Standard Form, which
More informationAgreement for Net Metering and Interconnection Services (Level 1, 2 and 3 Interconnection)
Agreement for Net Metering and Interconnection Services (Level 1, 2 and 3 Interconnection) This Agreement for Net Metering and Interconnection Services ( Agreement ) is made and entered into this day of
More informationHomeline CLE Top Ten Ethical Issue That Impact Family Law Lawyers
Homeline CLE Top Ten Ethical Issue That Impact Family Law Lawyers I. Safekeeping Property. A. Rule 1.15 of Minnesota Rules of Professional Conduct requires a lawyer representing a party to safe keep their
More informationNY PIP Rule Revisions
NY PIP Rule Revisions Effective February 1, 2009 Arbitration Forums, Inc. (AF) has worked in collaboration with the New York State Insurance Department and the Loss Transfer Committee to incorporate revisions
More informationRELYING PARTY AGREEMENT AND LIMITED WARRANTY
RELYING PARTY AGREEMENT AND LIMITED WARRANTY YOU ARE REQUIRED TO READ THIS AGREEMENT CAREFULLY BEFORE RELYING ON A DIGICERT CLICKID SITE SEAL, SSL CERTIFICATE, OR OTHER SITE AUTHENTICATION PRODUCT OR SERVICE.
More informationJuly 19, 2015. Sent Via Email to: XXXXX. Re: Letter Agreement for Legal Services. Dear XXXXX:
Kent H. Whitmer (Kent@whitmerlawfirm.com) William G. Berry (Will@whitmerlawfirm.com) P.O. Box 38 129 E. Byers Ave. Hot Sulphur Springs, CO 80451 www.whitmerlawfirm.com 970.725.3460 Sent Via Email to: XXXXX
More informationA class action settlement involving Pure Via Natural Sweetener may provide benefits to those who qualify.
UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA A class action settlement involving Pure Via Natural Sweetener may provide benefits to those who qualify. A court authorized this Notice.
More informationEthical Issues Facing Today s Transportation Lawyers
Ethical Issues Facing Today s Transportation Lawyers R I C K K I S S I N G E R K I S S I N G E R & F E L L M A N, P C D E N V E R, C O M o d e r a t o r L E E P I O V A R C Y M A R T I N, T A T E, M O
More informationLEGAL SERVICES AGREEMENT (Estate Plan)
LEGAL SERVICES AGREEMENT (Estate Plan) This document (the "agreement") is the legal services agreement that California law requires lawyers to have with their clients. 1. IDENTIFICATION OF PARTIES. This
More informationSYNCHRONY BANK RATES AND FEES TABLE R US PLATINUM MASTERCARD ACCOUNT AGREEMENT PRICING INFORMATION
FR833282333_ R US PLATINUM MASTERCARD T&C DC 19339U PDF 12/15 Interest Rates and Interest Charges Annual Percentage Rate (APR) for Purchases SYNCHRONY BANK RATES AND FEES TABLE PRICING INFORMATION 26.99%
More informationUNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK. DAVID HIMBER V. AUTOMOBILE CLUB OF NEW YORK, INC. CASE NO.: 09 Civ.
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK DAVID HIMBER V. AUTOMOBILE CLUB OF NEW YORK, INC. CASE NO.: 09 Civ. 4143 (SJF) NOTICE OF CLASS ACTION SETTLEMENT All persons who received
More informationKERKERING BARBERIO & CO., P.A. CLIENT HOSTING AGREEMENT
Thank you for doing business with Kerkering Barberio & Co., P.A. We are committed to providing you with the highest quality services. If, at any time, you have questions or problems please let us know.
More informationInteractive Brokers Hong Kong Agreement for Advisors Providing Services to Interactive Brokers Clients
Interactive Brokers Hong Kong Agreement for Advisors Providing Services to Interactive Brokers Clients This Agreement is entered into between Interactive Brokers Hong Kong Ltd ("IB") and the undersigned
More informationNOTICE OF CLASS ACTION SETTLEMENT
A FEDERAL COURT ORDERED THIS NOTICE. THIS IS NOT A SOLICITATION FROM A LAWYER. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA Soutter v. Equifax Information Services, LLC Civil Action No. 3:10-cv-107
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION : : : : CLASS ACTION
TO UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION x In re IMMUCOR, INC. SECURITIES LITIGATION This Document Relates To Civil Action No. 105-cv-02276-WSD CLASS ACTION ALL ACTIONS.
More informationTOPICS OF INTEREST TO LAWYERS
TOPICS OF INTEREST TO LAWYERS Legal Fees Advanced fees Flat fees Retainers Disbursing advanced fees (when held in trust) Combined payment of earned and unearned fees Advances for costs Credit card payments
More informationCOLLABORATION AGREEMENT
COLLABORATION AGREEMENT This Collaboration Agreement ( Agreement ) is made by and between Microryza Inc., a Delaware corporation (the Company ) and, a Delaware Corporation (the University ) (together with
More informationCFPB s Advice to the Consumer
OVERVIEW CFPB s Advice to the Consumer The Consumer Financial Protection Bureau answers more than 80 commonly asked questions Now Updated Through March 2016 PROFESSIONALS FORUM Copyright insidearm LLC.
More informationCorporate Counsel and Business Insurance: Interfacing With Risk Management
Corporate Counsel and Business Insurance: Interfacing With Risk Management ACC Legal Quick Hit John Kazanjian and Nicole Weinstein December 10, 2015 Top 5 Tips Pollution Legal Liability Contractor s Pollution
More informationAUTHORITY TO REPRESENT AND CONTINGENCY FEE AGREEMENT
AUTHORITY TO REPRESENT AND CONTINGENCY FEE AGREEMENT I, the undersigned client, do hereby retain and employ the Law Offices Of Zarakhovich&Associates, Inc., and, specifically, attorney Mariya Zarakhovich,
More informationKenneth B. Walton Senior Partner, Chair, Employment Practices Group kwalton@donovanhatem.com 617-406-4524 direct 617-406-4501 fax
Kenneth B. Walton Senior Partner, Chair, Employment Practices Group kwalton@donovanhatem.com 617-406-4524 direct 617-406-4501 fax Experience Kenneth B. Walton is a Founding Partner of the Boston-based
More informationKenneth B. Walton Partner, Chair, Employment Practices Group Member, Executive Committee kwalton@donovanhatem.com 617-406-4524 direct 617-406-4501 fax
Kenneth B. Walton Partner, Chair, Employment Practices Group Member, Executive Committee kwalton@donovanhatem.com 617-406-4524 direct 617-406-4501 fax Experience Kenneth B. Walton is a Founding Partner
More informationFederal Reserve Banks Operating Circular No. 4 AUTOMATED CLEARING HOUSE ITEMS
Federal Reserve Banks AUTOMATED CLEARING HOUSE ITEMS Effective November 4, 2013 FEDERAL RESERVE BANKS OPERATING CIRCULAR NO. 4 Effective November 4, 2013 AUTOMATED CLEARING HOUSE ITEMS (Click CTRL + section
More informationHow To Fire A Client
How To Fire A Client The Client From Hell, Dog Cases, and Escape Clauses Firing a client is counter-intuitive to lawyers. After all, since clients are so hard to come by why would a lawyer ever want to
More informationT H E S T A T E B A R O F T E X A S ATTORNEY-CLIENT RELATIONSHIP
T H E S T A T E B A R O F T E X A S ATTORNEY-CLIENT RELATIONSHIP A client s relationship with a lawyer is unique. Lawyers and clients must be able to communicate freely for clients to receive the help
More informationSubject Matter Conflicts The Next Wave in IP Malpractice Claims? How to spot the potential conflict and deal with it proactively.
Subject Matter Conflicts The Next Wave in IP Malpractice Claims? How to spot the potential conflict and deal with it proactively. Colin P. Cahoon Carstens & Cahoon, LLP 13760 Noel Road Suite 900 Dallas,
More informationTHESE FORMS ARE NOT A SUBSTITUTE FOR LEGAL ADVICE.
DISCLAIMER The forms provided on our site were drafted by lawyers with knowledge of equine and contractual matters. However, the forms are not State specific. THESE FORMS ARE NOT A SUBSTITUTE FOR LEGAL
More informationGE CAPITAL RETAIL BANK SECTION I: RATES AND FEES TABLE DILLARD S CREDIT CARD ACCOUNT AGREEMENT
DILLARD S CIT [4482H] (5/12)_PLCC ebill Interest Rates and Interest Charges Annual Percentage Rate (APR) for Purchases How to Avoid Paying Interest Minimum Interest Charge For Credit Card Tips from the
More informationProfessional Liability Business Litigation Toxic Tort STEVEN D. WASSERMAN 415.781.7900 tel 877.547.2780 fax steven.wasserman@sedgwicklaw.
Steven D. Wasserman Partner, San Francisco, California Professional Liability Business Litigation Toxic Tort STEVEN D. WASSERMAN 415.781.7900 tel 877.547.2780 fax steven.wasserman@sedgwicklaw.com Current
More informationPOWER PURCHASE AND SALE AGREEMENT [NON-INCENTIVE]
POWER PURCHASE AND SALE AGREEMENT [NON-INCENTIVE] This POWER PURCHASE AND SALE AGREEMENT (this Agreement ) is entered into effective as of, 20 (the Effective Date ), by and between ( Seller ), and Salt
More informationFIRING YOUR LAWYER. Your Guide to: Even if you really think it s a good idea...it s usually not!
Your Guide to: FIRING YOUR LAWYER Even if you really think it s a good idea...it s usually not! SO, YOU ARE THINKING ABOUT FIRING YOUR LAWYER... About three times a week we get a call from someone who
More informationR. Scott Krause, Esq. Eccleston & Wolf, P.C. Hanover, Maryland
ETHICAL CONSIDERATIONS IN SURETY COUNSEL REPRESENTING PRINCIPAL IN PRINCIPAL S AFFIRMATIVE CLAIM AND SURETY COUNSEL SEEKING TO RECOVER A FIDELITY LOSS FROM A THIRD PARTY INVOLVING AN INSURED S SUBSTANTIAL
More informationA Guide for the General Practitioner: Ethical Issues When Evaluating, Selecting and Handling Personal Injury Case I.
A Guide for the General Practitioner: Ethical Issues When Evaluating, Selecting and Handling Personal Injury Case I. Finding the Case: For the general practitioner of law, most personal injury claims come
More informationATTORNEY CONSULTATION AND FEE CONTRACT FOR CONTINGENCY CASES
109 N. Palafox Street Telephone (850) 434-8904 Pensacola, Florida 32502 Fax (850) 434-8922 ATTORNEY CONSULTATION AND FEE CONTRACT FOR CONTINGENCY CASES THIS FEE CONTRACT FOR CONTINGENCY CASES ("Contract")
More informationThe Consumer s Guide to Firing Your Virginia Lawyer
Firing Y o u r L a w y e r The Consumer s Guide to Firing Your Virginia Lawyer (If you really think it s a good idea... and usually it s NO T! ) by Ben Glass The Consumer s Guide to Firing Your Virginia
More informationTHE RIGHT TO INDEPENDENT COUNSEL
THE RIGHT TO INDEPENDENT COUNSEL Julie A. Shehane Cooper & Scully, P.C. 900 Jackson Street, Suite 100 Telephone: 214-712 712-9546 Telecopy: 214-712 712-9540 Email: Julie.Shehane@cooperscully.com 2015 This
More informationAttorney Liens: Tool or Trap?
May 2012 WSBA Bar News Ethics & the Law Column Attorney Liens: Tool or Trap? By Mark J. Fucile Fucile & Reising LLP Although attorney liens have existed in statutory form in Washington since 1863, the
More informationBLACKBERRY AUTHORIZED ONLINE RETAILER BLACKBERRY HANDHELD REPAIR SERVICE TERMS AND CONDITIONS
BLACKBERRY AUTHORIZED ONLINE RETAILER BLACKBERRY HANDHELD REPAIR SERVICE TERMS AND CONDITIONS THESE BLACKBERRY AUTHORIZED ONLINE RETAILER BLACKBERRY HANDHELD REPAIR SERVICE TERMS AND CONDITIONS (THIS AGREEMENT
More informationClient Contracts: Business Risk, Professional Liability & Insurance Coverage
Hanover Architects & Engineers Advantage Client Contracts: Business Risk, Professional Liability & Insurance Coverage Many client-drafted contracts endeavor to transfer unreasonable risk to the design
More informationNOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT
November 1, 2010 United States District Court for the Central District of California Krummell, et al. v. North American Company for Life and Health Insurance Case No. CV-08-1509 NOTICE OF CLASS ACTION
More informationINDUSTRIAL CARPET CLEANING SERVICES CONTRACT. THIS AGREEMENT executed on this the day of, 20 by and between. (hereinafter "Employer"), and
INDUSTRIAL CARPET CLEANING SERVICES CONTRACT THIS AGREEMENT executed on this the day of, 20 by and between (hereinafter "Employer"), and (hereinafter "Contractor") NOW, THEREFORE, FOR AND IN CONSIDERATION
More informationLITIGATION RETAINER AGREEMENT
PROCUREMENT AND ENFORCEMENT OF INTELLECTUAL PROPERTY 1332 Anacapa St. Suite 120 Santa Barbara, CA 93101-2090 (805) 962-1515 C ISLO & T HOMAS LLP 1333 2 nd Street Suite 500 Santa Monica, CA 90401-1211 L.A.
More informationLEGAL NOTICE BY ORDER OF THE COURT
LEGAL NOTICE BY ORDER OF THE COURT IF YOU USED A CHECK PROVIDED BY CAPITAL ONE TO TRANSFER A BALANCE ON YOUR CAPITAL ONE CREDIT CARD ACCOUNT IN APRIL OR MAY 2009, YOU MAY BE ENTITLED TO BENEFITS UNDER
More informationMARYLAND STANDARDS OF PRACTICE FOR COURT-APPOINTED LAWYERS REPRESENTING CHILDREN IN CUSTODY CASES
MARYAND JUDICIAL CONFERENCE COMMITTEE ON FAMILY LAW CUSTODY SUBCOMMITTEE HON. MARCELLA HOLLAND, CHAIR MARYLAND STANDARDS OF PRACTICE FOR COURT-APPOINTED LAWYERS REPRESENTING CHILDREN IN CUSTODY CASES TEXT
More informationRepresenting Yourself In Employment Arbitration: An Employee s Guide
Representing Yourself In Employment Arbitration: An Employee s Guide What is the American Arbitration Association? The American Arbitration Association (AAA ) is a not-for-profit, private, public service
More informationOnline Banking, Bill Pay, and E-Statements
Online Banking, Bill Pay, and E-Statements ERROR RESOLUTION NOTICE In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed in this brochure,
More informationBMA ADVISORS, LLC Investment Advisory Agreement
BMA ADVISORS, LLC Investment Advisory Agreement 608 Silver Spur Road, Suite 100, Rolling Hills Estates, CA 90274 This agreement describes the relationship between BMA Advisors, LLC (hereinafter BMA ) and
More informationPLEASE READ THIS NOTICE AND THE ENCLOSED CLAIM FORM CAREFULLY
SUPERIOR COURT OF THE STATE OF WASHINGTON, COUNTY OF KING If You Are a Washington Health Care Provider or a Washington PIP Insured of a USAA Company, and Your Health Care Bills Were Reduced Based on an
More informationINVESTMENT ADVISORY AGREEMENT
INVESTMENT ADVISORY AGREEMENT THIS INVESTMENT ADVISORY AGREEMENT is made on the Effective Date identified below by and between the investment advisors affiliated with BCG Securities, Inc. ( Advisor ),
More informationBlispay Card agreement
Blispay Card agreement 1. Definitions 2. How Blispay Card works 3. Making payments 4. Fees and interest 5. When things go wrong 6. Arbitration Provision 7. Legal 8. Communications and information sharing
More informationYOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA If You Used a Credit or Debit Card at a Self-Checkout Lane at a U. S. Home Depot Store Between April 10, 2014 and September 13, 2014 or
More informationOpinion #177. Advancing Litigation Costs Through Lines of Credit
Opinion #177. Advancing Litigation Costs Through Lines of Credit Issued by the Professional Ethics Commission Date Issued: December 14, 2001 Facts and Question An attorney has requested an opinion on whether
More informationCONTINGENCY FEE EMPLOYMENT AGREEMENT BETWEEN ATTORNEY AND CLIENT
CONTINGENCY FEE EMPLOYMENT AGREEMENT BETWEEN ATTORNEY AND CLIENT THIS AGREEMENT is entered into as of this Day of, 2009 by and between JOSEPH L. KASHI, Attorney at Law, hereinafter called "Attorney" and,
More information2007 Medical Malpractice Claims Report
2007 Medical Malpractice Claims Report Department of Commerce & Insurance November 1, 2007 2007 Tennessee Medical Malpractice Report INTRODUCTION In 2004, the Tennessee General Assembly enacted 2004 Tenn.
More informationIN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK IF YOU WORKED AS AN ENTERTAINER FOR RICK S CABARET IN NEW YORK, YOU COULD GET A PAYMENT FROM A CLASS ACTION SETTLEMENT. A federal
More informationNOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO
Filed 8/27/14 Tesser Ruttenberg etc. v. Forever Entertainment CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying
More informationPATIENT FINANCIAL RESPONSIBILITY STATEMENT
PATIENT FINANCIAL RESPONSIBILITY STATEMENT Thank you for choosing Medical Associates Clinic, P.C., as your healthcare provider. The medical services you seek imply an obligation on your part to ensure
More informationCaught in the Middle: What to Do When Conflicts Arise Between Policyholders and Insurers
Caught in the Middle: What to Do When Conflicts Arise Between Policyholders and Insurers Robert A. Shults Jacob A. DeLeon McFall, Sherwood & Breitbeil, P.C. Houston, Texas Within the tripartite relationship,
More informationVISA BUSINESS CHECK CARD and VISA SBA EXPRESS BUSINESS CHECK CARD CARDHOLDER AGREEMENTS
VISA BUSINESS CHECK CARD and VISA SBA EXPRESS BUSINESS CHECK CARD CARDHOLDER AGREEMENTS VISA BUSINESS CHECK CARD AGREEMENT Revised 1/1/2016 SA SBA EXPRESS BUSINESS CHEK CARD AGREEMENT (cont.) In this Business
More informationSUMMARY OF MECHANICS LIEN LAW FOR THE DISTRICT OF COLUMBIA
SUMMARY OF MECHANICS LIEN LAW FOR THE DISTRICT OF COLUMBIA Section Contents Pre-lien Notice(s) Introduction Section Contents Mechanic s Lien Who is Entitled to a Lien? When to File/Record Where to File/Record
More informationTwo Sample Engagement Letters (with optional notices)
NOTE: This material is intended as only an example which you may use in developing your own form. It is not considered legal advice and as always, you will need to do your own research to make your own
More informationSOLICITATION AGREEMENT
This SOLICITATION AGREEMENT is made and entered into this day of, 20 between WT Wealth Management, LLC, a registered investment advisor (the Advisor ), and (the Solicitor ). Advisor is an investment advisor
More informationCREDIT CARD DISCLOSURE STATEMENT AND AGREEMENT FOR APGFCU CREDIT AND SHARE SECURED CREDIT
CREDIT CARD DISCLOSURE STATEMENT AND AGREEMENT FOR APGFCU CREDIT AND SHARE SECURED CREDIT In this Agreement the words you and your mean each and all of those who apply for the card or who sign this Agreement.
More informationYour Legal Rights and Options in this Settlement
IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE NOTICE OF PENDENCY OF CLASS ACTION SETTLEMENT If you owned, occupied and/or resided within residential property located within the Class Addresses on June 5-6,
More informationCopyright or Trademark Criminal Defense. Licensing/Trade Secret
APPLICATION FOR PRIVATE PRACTICE CLAIMS-MADE LAWYERS PROFESSIONAL LIABILITY INSURANCE FIRM INFORMATION 1. Contact Person (please indicate Mr. or Ms): Firm Name: Primary Office Address: City, State, ZIP:
More informationSETTLEMENT CLASS NOTICE. A class action settlement involving homeowners insurance claims may provide payments to those who qualify.
SETTLEMENT CLASS NOTICE IN THE CIRCUIT COURT OF INDEPENDENCE COUNTY, ARKANSAS A class action settlement involving homeowners insurance claims may provide payments to those who qualify. There is a class
More informationConstruction Defect Action Reform Act
COLORADO REVISED STATUTES Title 13. Courts and Court Procedure Damages Regulation of Actions and Proceedings Article 20. Actions Part 8. Construction Defect Actions for Property Loss and Damage Construction
More informationWHEREAS, Participants desire to participate in ALL the recreational activities available at the Trampoline Park; and
THIS PARTICIPATION AGREEMENT is made and effective as of the last date executed (hereinafter the "Effective Date") by and between Get Air Savannah (hereinafter "Get Air") and the adult or guardian identified
More informationCash Reserve Account Agreement and Disclosure Statement
Cash Reserve Account Agreement and Disclosure Statement Effective January 1, 2007 The following terms and conditions apply to Cash Reserve Accounts with Union Bank of California, N.A. ( Bank ). You refers
More informationSample Letters. Sample Letters And Optional Paragraphs
Sample Letters Disclaimer The following sample letters are to be used as a guide or example, and must be adjusted to suit your client's needs. Lawyers Mutual Insurance Company of Kentucky hereby disclaims
More informationARTIST MANAGEMENT AGREEMENT
ARTIST MANAGEMENT AGREEMENT AGREEMENT made this day of, 20 by and between (Artist) whose address is (hereinafter referred to as Artist and (Manager) whose address is, (hereinafter referred to as Manager
More informationFOR PROPERTY LOSS AND DAMAGE 1
13-20-801. Short title Colorado Revised Statutes Title 13; Article 20; Part 8: CONSTRUCTION DEFECT ACTIONS FOR PROPERTY LOSS AND DAMAGE 1 This part 8 shall be known and may be cited as the Construction
More informationSubmit a Valid Claim Form Deadline: February 12, 2016 Ask to be excluded Deadline: November 24, 2015. Object Deadline: November 24, 2015
NOTICE OF CLASS ACTION SETTLEMENT California Superior Court, County of Los Angeles IF FIRE INSURANCE EXCHANGE APPLIED DEPRECIATION WHEN CALCULATING A PAYMENT MADE TO YOU ON A PROPERTY LOSS INSURANCE CLAIM,
More informationBUSINESS ASSOCIATE AGREEMENT
BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement is effective September 1, 2013 and made between Community Health Solutions of America, Inc., a Florida corporation ( CHS ) and ( Company ).
More information