Professional Liability Matters

Under Rule 1.6(c)(4) of the Pennsylvania Rules of Professional Conduct — and similar rules in many states — a lawyer may disclose confidential client information “to the extent the lawyer reasonably believes necessary” to defend against criminal charges, civil claims, or disciplinary actions arising from allegations of misconduct.

In other words, if a client sues for malpractice or accuses her former counsel of misconduct, the lawyer can reveal confidential communications — but only those strictly necessary to defend themselves.

This is not, of course, an invitation to expose our client’s …

As recently reported by Law360, a Pennsylvania lawyer and a litigation funder are facing racketeering and malpractice claims. A Pennsylvania federal judge recently declined to dismiss claims brought by a client accusing his former lawyer of engaging in a conspiracy to improperly charge him inflated legal fees to cover high-interest litigation loans.

In the underlying matter, the client/plaintiff retained the lawyer to represent him in a lawsuit claiming he suffered neurological issues stemming from a titanium medical implant after installing a pole with a …

A quirky reality of litigation is that the amount of recoverable dollars often dictates the strategy and approach. Maybe no one said it better than Biggie: “mo money, mo problems.” Especially in the context of an insured defendant, the applicable policy limits and coverage terms play a large role in shaping the litigation.

In a recent legal malpractice dispute, a plaintiff alleges that his former counsel misguided him during litigation — an underlying legal malpractice claim — by failing to appreciate the impact …