Ethically Handling Errors in Legal Representation
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About
This Course
Attorney error is the leading cause of legal malpractice claims. To add insult to injury, those errors, and how they’re handled by the attorney, can also lead to disciplinary actions. Improper handling of a material error may result in significant consequences. However, most situations are salvageable, and that damage can be greatly mitigated.
Attorneys from all practice areas and experience levels are encouraged to attend this program.
This presentation will help lawyers do the following:
- Recognize a material error that warrants action
- Identify ethical duties lawyers owe to clients, opposing counsel, and the court to address consequential errors?
- Develop strategies to avoid or mitigate the risk of civil liability arising from an error?
- Comply with the rules of professional conduct and related duties?
- Determine if withdrawal is necessary because of the resulting conflict or if informed consent is possible and/or desirable
Learning Objectives:
- Evaluate legal malpractice claims
- List sources of guidance and relationship basics
- Identify materiality
- Understand what must be disclosed to the client
- Investigate personal interest conflict
- Review hypotheticals: “The blown statute”; “I didn’t make a mistake, but I got a call from a malpractice lawyer”
- Discover how to settle potential claims with clients
- Explore duties to opposing counsel to correct mistakes
- Assess how to handle drafting errors
- Review hypotheticals: “lawyers or liars, parts I–IV”
- Discover liability to third parties
- Understand duties to the court
- Review hypothetical: “he was working all along”
- Review hypothetical: “inherited problems”
- Review hypothetical: “you said what?”
- Explore ethics and loss prevention assistance
About the Presenters
Cassidy Chivers, Esq.
Barron & Newburger, P.C.
Practice Area: Ethics (+ 2 other areas)
Cassidy specializes in counseling lawyers and law firms on all aspects of ethics and risk management. With over 20 years experience in defending lawyers and law firms in civil and disciplinary matters, Cassidy has a deep appreciation of the risks her clients face.Cassidy is the co-leader of the risk management program, Attorneys Risk Management, which offers risk management and ethics advice to lawyers and law firms nationwide. She also serves as outside general counsel for a number of California law firms, ranging from small partnerships to AM Law 50 firms, advising on a wide array of law practice management, ethics, ...
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Noah Fiedler, Esq.
Barron & Newburger, P.C.
Practice Area: Ethics (+ 2 other areas)
Noah helps lawyers and law firms. He counsels clients on best practices to avoid problems, and defends clients against claims.Noah has wide-ranging experience defending lawyers in malpractice, fiduciary duty breach, defamation and misrepresentation claims and in disciplinary proceedings. He regularly counsels and educates lawyers and firms across the country on ethics, liability, and risk management topics.Noah has developed numerous law firm risk management resources, including our Attorneys Risk Management program. Noah is a member of the Association of Professional Responsibility Lawyers, and teaches Professional Responsibility at the University of Wisconsin Law School.In his free time, Noah plays golf, cheers for ...
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