Patrick B. Naylon, Author at Professional Liability Matters

November 6, 2017 Employment Practices Liability

Performance Evaluations: A Lesson on Documentation

Cases turn on the evidence. In the case of an employment discrimination or retaliation claim, the key may lie in the employee file maintained by the employer. One common piece of documentation created and maintained by many employers is performance evaluations. In Walker v. Verizon, a federal district court in Pennsylvania ruled on a case illustrating how important documentation can be in defending these claims.

The common legal framework in an employment discrimination and/or retaliation lawsuit has three steps. A plaintiff must first establish a …

Representation Could Go Farther Than You Think

Hired for A but sued for Z? It may be a more common problem than you think. In overturning a lower court’s decision granting summary judgment, the Appellate Division of the New Jersey Superior Court has added yet more fuel to the fire in the ever-evolving debate as to the scope of representation. In a recent decision, an appellate court held that an attorney tasked with a seemingly simple and defined engagement, may actually be on the hook for much more. This serves as an …

July 29, 2015 Ethics / Legal Malpractice

Ahoy! Attorney Sunk by File Transfer In Shipwreck Case

Much of our discussion at PLM revolves around duties to clients during the time of representation. However, your professional duties and ethical obligations to a client do not end when the engagement ceases. As illustrated by one recent swashbuckling tale, an attorney has a duty to provide a former client with that client’s file, and may not withhold these materials to leverage other benefits, regardless of the circumstances surrounding the end of the engagement.

The client discovered a shipwreck filled with gold, and its …

March 26, 2015 Legal Malpractice

Read It & Weep: Missed Deadline Leads to Significant Consequences

Your friends at PL Matters aim to keep you updated regarding best practices, especially when it comes to professional obligations. However, sometimes best practices just boil down to the basics, including careful reading of court directives. AT&T recently learned this lesson the hard way. Last week, an appeals court ruled that the telecom giant will have to pay $40 million in connection with a case because its attorneys failed to read a court document.

This disaster arose when AT&T missed a deadline to appeal a …

June 19, 2014 Legal Malpractice / Privileges

Privilege Issues When Attorneys Consult with Attorneys

Attorneys need help too. When issues arise during an attorney-client relationship, attorneys may consult with colleagues about the representation. Some firms rely upon outside counsel to serve this function. Other firms maintain an internal team of attorneys designated to address such issues. Either practice is considered good risk management. But, the application of the attorney-client privilege to these communications is not entirely clear and may vary amongst the jurisdiction. We discussed this issue previously, here. In a recent decision, the Oregon Supreme Court held …

July 31, 2013 Medical Malpractice

Missed Diagnoses is #1 Cause of Medical Malpractice Claims

A recently released study demonstrates that most medical malpractice claims stem from missing serious illnesses and medical conditions. The international study specifically focused on claims asserted against primary care physicians because of their role as the first line of care for patients. The results of the study are noteworthy but not necessarily surprising.

The research encompassed studies performed in the US, the United Kingdom and Ireland. The results were the same across the board. The most common allegation in medical malpractice claims arise from missed …

April 4, 2013 Ethics / Legal Malpractice

When Professional Misconduct = Unfair Trade Practices

The California Court of Appeals recently concluded that an attorney’s professional malpractice and ethical violations may give rise to liability for unfair trade practices. In the underlying dispute, attorney Martin Guajardo, the sole shareholder in his own law firm, sold his practice because he faced disciplinary action brought by the state bar. Although Attorney Guajardo ultimately resigned from the bar, he continued to practice law following the sale of his firm. The People of the State of California filed a complaint against Guajardo, …