Legal Malpractice and Ethics for Trial

LawyersBy Joseph J. Brophy, Esq.

Ethical pitfalls and what to do if you fall in

Escrow means it’s not your moneyRule 1.15

What don’t you understand about commingling?

◦ Matter of Salo◦ Matter of Kressner

Commingling

Matter of Francis

Bounce an escrow check and see what happens

Matter of Maroney Matter of Spencer Matter of Ponzini

We’re all partners here

In re Katzka Matter of Ravitch

Chasing

In re World Trade Center Litigation◦ NYLJ 3/14/11

Former client blames firm for “usurious” funding of Suit◦ NYLJ 3/15/11

Litigation funding

Matter of Cousins Matter of Cellino Matter of

Friedman

Honesty is the only policy

Matter of Vitelli

A Notary is not just a rubber stamp

It’s not just passengers anymore

Tavarez v. Hill

Conflicts

In re World Trade Center Disaster Site Litigation◦ NYLJ 3/14/11

Conflicts- Mass Torts

Other ways not to get paid your fee◦ Chen v. Chen◦ Rodriguez v. Custodio

Fee forfeiture

Avoiding Legal Malpractice Claims and Grievances

Principles of Risk Management◦ Communication◦ Communication◦ Communication

It’s all about the client

Huffner Wei Cheng Chang Reed

Who is the client anyway- and who is the lawyer?

Common Malpractice Traps

Limitations of time are the simplest thing…

Except when they aren’t

Goldenberg v. Westchester County Health Care Corp.

Public Authorities Nightmare

Ulico Casualty Co. v. Wilson, Elser, Moskowitz, Edeman & Dicker

Pillard v. Goodman

Conflicts of interest

Ditondo v. Meagher Fielding v. Kupferman Christ v. The Law

Offices of Levine & Grossman

It’s too late to research after you’ve created the problem

Duty Claim accrual Elements Statutory liability

Prosecuting Legal Malpractice Cases

Privity Scope of

Retention

Duty

Continuous representation

Termination of relationship

Claim Accrual

Departure from the standard of care

Causation- the case within the case

Damages and the but-for rule

Elements

Deceit or Collusion ->

Treble Damages

Statutory Liability- Judiciary law Sect. 487

The malpractice revolution devours its children