Seth L. Laver, Author at Professional Liability Matters

June 24, 2014 Privileges

The Litigation Privilege: Who, What, When and Where?

Anything you say can and will be used against you. Well, not always. Attorneys, litigants, and experts may be immune from liability arising from certain acts and statements made in connection with the pursuit of litigation in light of the litigation privilege. This privilege can provide an important and useful defense for professionals. But what is it and when may it be asserted? Read on to find out.

The litigation privilege, or the “judicial privilege,” is a deeply rooted doctrine established to allow attorneys, experts …

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 …

June 18, 2014 Risk Management / Technology

Does Bitcoin Make Cents? Evaluating New Payment Options For Your Firm

Recently, a New York law firm made news when it announced that it would begin accepting Bitcoin as payment. The firm will partner with a Bitcoin payment processing company who will host the firm’s payment system and assist the firm in converting digital currency payments into fiat currency. Other professionals are taking notice, and are permitting clients to pay for legal services using Bitcoin. Should you?

Bitcoin is a decentralized digital currency based on a mathematical algorithm. Bitcoin can be bought or sold online, and …

June 12, 2014 Ethics / Risk Management

C.E.Oh No. Titles Firms Should Avoid

Attorneys, architects, accountants, engineers, insurance brokers and agents are all business-persons. Some of these professionals balance their professional obligations on the one hand with business obligations on the other. Pay bills, manage staff, execute leases, develop operational strategy. For some professionals overwhelmed by the business side of running a professional organization, an option is to rely upon laypersons for help. Indeed, it is not uncommon for firms to hire individuals to head up operations, some who may be designated with prestigious titles: CEO or COO. …

June 9, 2014 Employment Practices Liability / Risk Management

High Times: Marijuana in Today’s Workplace

America’s evolving perception of marijuana use is impacting the office setting. While the use of marijuana in the US is illegal under federal law, a state may pass laws permitting recreational or medical use so long as it maintains a proper regulatory system. Does this present a conflict amongst the courts and a headache for employers? You bet. Today, twenty-one states and DC permit the use of medical marijuana, and four more states have medical marijuana legislation pending. Given these developments and others on …

June 5, 2014 Advertising / Ethics

Hire Me; I’m a SuperLawyer. Ethics & SuperLawyer Advertising

It’s that time of year again. Every summer, SuperLawyers® publishes its list of the “top” attorneys and Rising Stars across the country. Many attorneys included in the publication incorporate the designation into their biographies or otherwise notify clients and prospects of the honor. Like any form of attorney marketing, however, attorneys must be careful to comply with the applicable ethical rules governing advertising when referencing SuperLawyers®.

According to its website, SuperLawyers® uses a “patented multiphase selection process” to identify the top lawyers by practice …

June 3, 2014 Legal Malpractice / Trial Tactics

When Tempers Flare: Liability Arising from Deposition Fight?

Litigation can get heated. Tempers may flare when the stakes are high and the result can be contentious exchanges amongst counsel. Sure, the adversarial nature of litigation is to be expected (and welcomed by some practitioners), but there is a line in the sand. Some cross that line and make things personal. What to do when things spiral out of control? Can insults form the basis for a separate suit amongst counsel?

The New York Appellate Division considered this issue and concluded that a particularly …

May 29, 2014 Cyber-Liability

The Target Data Breach Litigation Begins

In November 2013, in the midst of the holiday shopping season, hackers targeted Target Corporation with one of the largest security breaches of its kind. The hackers installed malware on the company’s security and payment systems to steal credit card information. The result impacted over 100 million customers. Given the magnitude of the breach, it may be surprising to learn that Target had prepared for an attack. It invested over $1.5 million in malware detection software in 2013 alone and hired a leading security firm …

May 28, 2014 Legal Malpractice

The Confess and Sue Method

In a previous post we recently discussed legal malpractice claims arising from an underlying settlement. In such “settle and sue” cases, some civil litigants are driven by buyer’s remorse, doubt, or other regret and conclude that they’ve given too much or accepted too little. Eventually, they make a “u-turn” and point the finger at their former attorney. A recent decision proves that similar regret may arise in the criminal context as well. We’ll call it the “confess and sue” malpractice claim.

In Cortez v. …

May 27, 2014 General

PL Matters Reaches 50,000th Hit

We’ve reached a milestone! PL Matters is pleased to report that we recently passed our 50,000th hit. We are humbled that thousands of professionals and employers (and our family members) decided to spend a few minutes — maybe more — on our site. Over the next 50,000 hits, we will continue working toward our goal of providing relevant and insightful content regarding the trends, legal developments, decisions, and breaking news impacting the professional liability community. Thank you for your time and your interest.…