Artificial Intelligence is increasingly disrupting the litigation world. While it cannot replace the need for attorneys to exercise judgment, it can support data-driven decision making and transform legal research and writing tasks for the better. As a preliminary matter, many practitioners are concerned about AI replacing the need for paralegals, and to a lesser extent, attorneys. In an effort to allay these concerns, proponents of AI suggest it cannot replace the analytical skills and intuition necessitated by the profession. Moreover, the attorney-client relationship, which inarguably …
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“The Precipice” Podcast Discusses Lawyers Professional Liability
The must-listen podcast for all things management and professional liability, “The Precipice,” is back for the third episode of the series. “The Precipice,” hosted by Goldberg Segalla partner Peter J. Biging and presented by the Professional Liability Underwriting Society (PLUS), is a tremendous resource for professionals through in-depth conversations with industry leaders, claims experts, and top attorneys involved in handling management and professional liability claims.
On the third episode of “The Precipice,” Peter is joined by Megan Zurn, a claims manager for AXA XL’s commercial …
Continue ReadingJonathan Ziss on How to Best Represent an NFP Board
In a recently published article for CLM Magazine, Goldberg Segalla’s Jonathan S. Ziss highlights the best practices for establishing and maintaining an effective attorney-client relationship in a piece entitled, “Representing the Not-for-Profit Board.”
Jonathan noted that most of these best practices are most applicable to smaller organizations led by boards mainly comprised of volunteer amateur directors.
“Representing an NFP board in a dispute setting requires specialized knowledge drawn from state law and from the client’s own governance structure, the ability to quickly gain the …
Continue ReadingUse of AI Results in Attorney Suspension
The practice of law is not one-size-fits-all. For better or worse, attorneys are generally free to conduct their business as they see fit: working from home, in a traditional office, in large firms, solo practitioners, different practice areas, and different tools. We are guided by certain rules, of course, including the obligation to represent clients competently through technological familiarity. For those who had yet to do so before, we shifted to a remote environment during COVID-19, which forced firms to implement immediate work-from-home mandates and …
Continue ReadingAvoid Sanctions by Reading the Rules and Admitting a Mistake
Read the rules.
Let’s say it again: Read. The. Rules.
On February 16, the U.S. Court of Appeals for the Federal Circuit issued a strong reminder to attorneys about the importance of reading the applicable rules of court and admitting a mistake when given the chance.
In Promptu Systems Corp. v. Comcast Cable Communications, LLC, U.S.C.A Fed Cir. No. 2022-1093, counsel for one of the appellees incorporated by reference in a footnote nearly 2,000 words from a prior brief filed in a related case. …
Continue ReadingSeth Laver Provides Guidance on Properly Closing a File with Attorney Protective
Goldberg Segalla’s Seth L. Laver, in an article written for Attorney Protective, provides insight to attorneys on proper case-closing procedures.
“Best practices mandate that all professionals, notably attorneys, engage in a series of important tasks when closing a file,” said Seth, a partner in the firm’s Management and Professional Liability practice and vice-chair of its Accountants Professional Liability practice.
“Poor practices at the end of an assignment,” he added, “can lead to conflicts issues, document retention woes, client confusion or worse.”
An effective …
Continue ReadingLaw Firm Cleared in Case that Alleged Scheme to Defraud
A New York law firm sued in connection with a business deal gone awry, and accused of aiding in a scheme to defraud, saw the case against it dismissed thanks to a strategic and fervent defense waged by Goldberg Segalla partner Danielle N. Malaty.
Heard in the Northern District of Illinois, the case stemmed from a complaint by a plaintiff who claimed the target defendant — a wealthy investor — led an alleged racketeering scheme to defraud him and breach fiduciary duties.
The plaintiff …
Continue ReadingClient Cleared of Malpractice, Wins Summary-Judgment Ruling
A Pennsylvania attorney sued in connection with a workers’ compensation matter was cleared of legal malpractice and the suit against him was dismissed after a court agreed with the arguments put forth by Goldberg Segalla partner Seth L. Laver.
The case stemmed from the alleged injuries suffered by a hotel banquet worker who claimed his decade-plus career resulted in cumulative trauma to his back. The claimant eventually underwent surgery from which he sustained a serious infection, leading to a lengthy hospital stay.
Central to …
Continue ReadingChristopher F. Lyon Co-Authors Article Exploring E&O Risks of Remote Professional Services in The Brief
Christopher F. Lyon – a partner in the firm’s Management and Professional Liability practice group – co-authored an article in ABA’s The Brief on the transition to remote work pre- and post-pandemic, and the new E&O risks associated with remote work in professional services.
The article examines the shift to remote work for professionals including lawyers, insurance brokers, and financial-service providers.
While the swift and growing transition, paired with advances in technology, provides increased flexibility and a cut in costs on expenses such as travel …
Continue ReadingLaw Practice Management, LPL and COVID-19
COVID-19 has changed the practice of law. Whether the changes are permanent or temporary, many have occasioned increased risks of malpractice claims against lawyers and law firms. To help our clients meet these new challenges, Goldberg Segalla has compiled a guide for avoiding and mitigating legal malpractice claims stemming from COVID-19. The link is available HERE. …
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