In the wake of recent well-publicized public relations nightmares, your friends at PL Matters considered the impact of PR firms on professionals. Public relations are a critical aspect of maintaining status in the public eye, communicating a message to consumers, and helping to promote a positive image. As a result, professionals often rely on outside PR professionals, both for their own business needs and the needs of their clients. But have you considered the implications of disclosing sensitive information to an outside PR firm?…Continue Reading
Your friends at Professional Liability Matters often focus on interpretation of Affidavit of Merit (“AOM”) requirements. As our handy table shows, each state has its own rules as to AOM requirements and other details regarding substance and form. These rules are of critical importance to many malpractice claims. Most states require an AOM from a professional within the same field certifying that the malpractice case has merit. This is a necessary gateway function so that litigants cannot sue professionals without any justification. Implicit in this …Continue Reading
Contract law is that body of rules that govern agreements between contracting parties. In contrast, tort laws govern situations where one person has harmed or injured another. Usually, professional liability claims grounded in one body of law or the other. There are various defenses available to the professional to ensure the claim against them falls in one of those categories (if any), but not both. A recent A&E decision would suggest otherwise, however.
The case stemmed from the City of New York’s plans to construct …Continue Reading
Many professionals promote through social media. Within small practices, where an individual is often responsible for contributing content to the site, the lines between business profiles and personal accounts easily overlap. On the surface, a professional’s decision to add personal content to her company account does not necessarily raise any ethical or business concerns. However, where ownership of the business changes, disputes may arise as to whether the social media account is property of the company, or should remain in the possession of the individual …Continue Reading
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 …Continue Reading
Professional Liability Matters would have little to discuss if professionals were perfect. Needless to say, we are not. Often, it is how the professional responds to the inevitable error that can mean the difference between soon forgotten mistake and malpractice. Upon the discovery of an error, some professionals are confronted with a difficult conflict: their interest in confronting the error and discussing it with the client on the one hand, without making an admission that could jeopardize insurance coverage on the other. This conundrum places …Continue Reading
A New York state judge recently provided a compelling reminder of the serious ramifications for failing to provide truthful testimony on the stand. The focus of Queens Supreme Court Justice Duane Hart’s admonition was an orthopedist routinely hired to assist in the defense of personal injury cases. When the court discovered through a hidden camera recording that the expert’s testimony was exaggerated at best – or an outright lie at worst – the court ordered a mistrial and directed his attention to potential criminal …Continue Reading
Let’s start with the basic principle: an attorney’s duty runs exclusively to the client apart from limited circumstances of fraud when an attorney may be liable to the client’s adversary. The question remains whether an attorney’s decision to keep her mouth shut – i.e. not to disclose key information to the other side – constitutes actionable fraud. According to a recent decision by the Texas Appeals Court, the fact that an attorney did not disclose information to her adversary does not constitute actionable misconduct.
In …Continue Reading