Matthew S. Marrone, Author at Professional Liability Matters

July 22, 2015 Ethics / Technology

Failure to Keep Up with Technology Could Lead to Ethics Violation

Technology is rapidly changing the manner in which businesses operate. This is equally true for professionals, who must incorporate and adapt to technological advances in order to thrive in a competitive marketplace. However, keeping up to date with technology is not merely a matter of protecting the bottom line. Professionals who fail to stay on the cutting edge could violate ethics rules and jeopardize their client’s interests.

The State Bar of California Standing Committee on Professional Responsibility and Conduct recently issued a formal opinion addressing …

March 24, 2015 Risk Management / Sanctions

AOM Failure Closes the Door, but for How Long?

To minimize frivolous professional malpractice claims, many states have enacted affidavit of merit statutes. The range and substance of these statutes can be dizzying; indeed, that’s why we recently published a handy table with requirements and resources for each state. The AOM rules provide defense attorneys with an important tool to help defend malpractice claims in certain jurisdictions. In the extreme scenario, dismissal may be appropriate due to a faulty, lacking or late AOM. But, the question remains, whether the plaintiff has the opportunity to …

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 …

October 15, 2013 Ethics / Legal Malpractice / Risk Management

The Ethics of Billing During Travel

Client billing and fee disputes are at the heart of a significant percentage of all malpractice claims brought against attorneys each year. There are myriad courses and guides for ethical billing available for all professionals yet lawsuits and administrative complaints abound regarding billing issues. However, even the most well-intentioned attorneys encounter situations where the “rules” of client billing are not crystal clear; perhaps none moreso than the debate regarding billing for travel.

Reportedly, in 1965 law firm associates billed approximately 1500 hours annually whereas …

August 7, 2013 Employment Practices Liability

Life for the Employer After a Discrimination Claim

The workplace is often incredibly uncomfortable following an employee’s claim of work-related discrimination. The employer must balance its goal of productivity and profit while maintaining employee morale and equality on the job. At times, an employer facing a charge of discrimination may feel hamstrung by the looming charge and may permit employee conduct that was otherwise sanctionable out of fear of what may be perceived as retaliation against the employee for filing a charge. But, as the recent decision out of the Seventh Circuit proves, …

July 17, 2013 Risk Management

The Effective Litigation Hold Letter

Our recent post on the ramifications of destroying social media content got us thinking about the importance of an effective legal hold letter. Also known as a “preservation” or “hold” order, this document instructs an entity or individual to preserve all data that may reasonably relate to pending or anticipated litigation. A goal of the litigation hold is to suspend the normal dispositions of records and to prevent spoliation. Another goal is to avoid the potential for sanctions and ethical issues facing those …

May 9, 2013 Risk Management

Insurance Implications in the West, Texas Explosion

One million dollars of coverage for $100 million in losses? Unfortunately, that appears to be the case for the West, Texas fertilizer plant that recently exploded. Reportedly the owners of West Fertilizer Co. hold a negligible amount of insurance compared to the estimated cost of the damage caused by the blast. The plant did not hold excess or umbrella insurance policies. The fact that the company’s owner has not breached any applicable regulation has been the subject of heated debate on the national level regarding …

April 9, 2013 Legal Malpractice / Risk Management

Rutgers: Don’t Look at Me…My Lawyer Made Me Do It

As is so often the case, with mounting pressure and criticism comes finger-pointing. In the midst of a well-publicized scandal, Rutgers University is now suggesting that poor advice from its outside counsel led to a series of infamous decisions regarding its former basketball coach. According to reports, as Rutgers’ athletic director Tim Pernetti resigned Friday amid the scandal over men’s basketball coach Mike Rice’s unorthodox practices, he blamed the school administration for following a “process” that allowed Rice to stay on-board. With its back …

March 27, 2013 Director and Officer Liability

How Jerry Sandusky Impacts You

The evolving Jerry Sandusky scandal continues to impact the professional liability community. Most recently, the Middle District of Pennsylvania reached a decision with major implications on the application of D&O – Director’s and Officer’s Insurance. In deciding that Sandusky’s acts occurred outside the scope of his role with the Second Mile even though the conduct occurred during Second Mile events, the court may have also exposed directors and officers to increased risk of personal exposure.

A key issue in Federal Insurance Co. v. Sandusky, …