Engagement Letters 101 – The Professional Rule Book

The first rule of engagement letters: obtain a signed engagement letter. The second rule of engagement letters: obtain a signed engagement letter. The remaining rules are a bit more complicated. A well written engagement letter is absolutely critical to managing risk. It defines the scope of the engagement and, as a result, sets appropriate expectations with the client. An engagement letter may help to discourage meritless malpractice claims and may serve as “Exhibit A” in a dispositive motion. On the other hand, the lack of an engagement letter may result in an undefined engagement and may promote meritless, protracted litigation.
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Sleeping with the Enemy: When a Consensual Relationship = Medical Malpractice

New York’s high court recently concluded that a consensual relationship between a patient and her family doctor constituted medical malpractice. Issue: Whether a consensual sexual relationship between a married patient and her physician is grounds for a medical malpractice claim. Lesson: When possible, avoid sleeping with your clients.
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Lawyers Found Liable For Fabricating Asbestos Claims

A jury in West Virginia just awarded nearly $500,000 in favor of a transportation company for claims arising from an alleged conspiracy between two plaintiffs attorneys and a radiologist who fabricated asbestos claims. The issue: may an attorney be held liable for unfounded claims? The lesson: completely research the applicable law and facts before accepting an engagement to provide legal services.
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Continuing Fallout – The Penn State Scandal Spawns a Legal Malpractice Lawsuit

At least one of Penn State’s former attorneys is now under fire for her role in the investigation into the Jerry Sandusky scandal. The issue: did the attorney represent the University or its administrators? The lesson: document the scope of your representation.
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