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90-minute live streaming program
  • March 25
  • 1:00 - 2:30 pm EST

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Audio & Reference Manual

Avoiding Common Legal Malpractice Claims and Ethical Issues

March 25

Gain an in-depth understanding of legal malpractice in order to keep yourself and your practice safe and ethical.

Malpractice exposure is a relatively unappreciated risk by most attorneys and law firms, largely thought attributable to random or unanticipated events and disappointed clients. However, legal professional liability claims and the ethical issues frequently triggering claims have historically demonstrated consistent trends and commonly identifiable characteristics. This information will identify common risk areas, warning signs, and opportunities to implement strategies and techniques to avoid or mitigate legal professional liability claims and ethical issues. Using case studies, ethics opinions and war stories to illustrate the risk landscape, this material will provide the tools and confidence to successfully manage the ongoing professional liability and ethical risks inherent in the practice of law.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Claim Trends: ABA Standing Committee Profile of Legal Malpractice Claims
  • What Areas of Practice Generate Claims?
  • What Types of Activity Generate Claims?
  • What Types of Errors Generate Claims?
  • What Size of Firms Experience Claims?
  • How Much Do Claims Cost?
  • How Long Do They Hang Around?
  • What Does the Data Tell Us About the Trends?
Cyber Risk Trends
  • Social Engineering/Fraudulent EFT Requests
  • Ransom Attacks; Commercial Espionage
  • Smear Campaigns - Panama Papers
  • Social Media Statements by Law Firm Members or Client
Risk Management Tools Overview: Avoiding and Mitigating Claims
  • Client Screening - New and Continuing Clients
  • Communication and Documentation - Beginning, Middle, End
  • Conflict Management
  • Client Expectation Management
  • Firm and Attorney Management
  • Professional Liability Insurance - Risk Transfer
Client Screening and Retention
Communication at the Beginning of the Representation
  • Engagement and Retainer Agreements: What RPC Requires and Prohibits
  • Scope of Representation Issues
  • Liability Limitations
  • Non-Engagement/Declination Communication
Communication During the Representation
  • Minimum RPC Requirements
  • What Is Happening, What Is Needed, What Are Potential Outcomes or Consequences
  • No Cover up: Ethical Duty Includes Disclosing Errors Made
  • Scope of Ethical Requirement of Disclosure of Attorney Errors
  • Privilege for Conversations With Law Firm General Counsel?
Case Study - Communicating Attorney Errors and Law Firm General Counsel Privilege Issues
Communications Required for Electronic Data Breach
Ethical Issues: Conflicts, Conflicts, Conflicts
  • What Is a Conflict - RPC
  • What Is a Waivable Conflict
  • RPC Codified Conflicts
Conflicts With Former Clients/Prospective Clients
  • Rules; Ethics Opinions/Case Studies
  • Prospective Clients (or Soon to Be Former Clients)
Managing Conflicts
Managing Clients
  • Communication and Documentation
  • Problem Client Red Flags
  • Suits for Fees
  • Closing Letter/Declination Letter
Managing the Firm and Its Attorneys
Risk Transfer: Professional Liability Insurance
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on July 20, 2016.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Live Webinar Registration

  • AK CLE 1.5 including Ethics 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education, including 1.50 hours of ethics credit for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5 including Ethics 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours' credit, including 1.5 hours of ethics credit.
     
  • AR CLE 1.5 including Ethics 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board, including 1.50 hours of ethics credit.
     
  • Arizona CLE 1.5 including Ethics 1.5
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona, including 1.50 hours of professional responsibility.
     
  • CA MCLE 1.5 including Ethics 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit, of which includes 1.50 hours of ethics credit.
     
  • CO CLE 2.0 including Ethics 2
     
  • Lorman Education Services is a Certified Provider, as recognized by the Colorado Supreme Court Continuing Legal and Judicial Education Committee. This program is approved for 2.0 credit hour(s) including 2.0 ethics credit(s).
     
  • CT CLE 1.5 including Ethics 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s) including 1.50 hour(s) of ethics credit.
     
  • DE CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Delaware Commission on Continuing Legal Education for 1.5 hours of CLE credit, including 1.5 hours of enhanced ethics credit.
     
  • FL CLE 2.0 including Ethics 2
     
  • This course has been approved by The Florida Bar for 2.0 hours of CLE credit, including 2.00 hours of ethics credit. Course classification: Intermediate level.
     
  • GA CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours, including 1.5 ethics hours.
     
  • HI CLE 1.5 including Ethics 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours including 1.50 ethics credit hours.
     
  • IA CLE 1.5 including Ethics 1.5
     
  • Avoiding Common Legal Malpractice Claims and Ethical Issues is accredited under the regulations of the Iowa Supreme Court Commission on Continuing Legal Education. It is planned that this program will provide up to a maximum of 1.5 hours of credit, including 1.50 hours of ethics credit toward the mandatory continuing legal education requirements under the Iowa rule.
     
  • IL CLE 1.5 including Legal Ethics 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board. The Illinois Commission on Professionalism has also approved this course for the following credit: Legal Ethics for 1.50 hours.
     
  • IN CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Indiana Commission for Continuing Legal Education. Participating attorneys are eligible to receive up to 1.5 hours of Distance Education CLE credit which includes 1.5 hour(s) of ethics.
     
  • KS CLE 1.5 including Ethics and Professionalism 1.5
     
  • This course has been approved by the Kansas Continuing Legal Education Commission for a maximum of 1.5 CLE credit hours, including 1.5 hours of ethics and professionalism credit.
     
  • KY CLE 1.5 (Pending)
     
  • Application for approval of this activity for a maximum of 1.5 credits is PENDING before the Kentucky Bar Association Continuing Legal Education Commission.
     
  • LA CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Louisiana State Bar MCLE Committee for 1.5 CLE hours, including 1.50 hours of ethics credit.
     
  • ME CLE 1.5 including Ethics 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit including 1.50 ethics hours under M. Bar R. 12.
     
  • MN CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Minnesota Board of Continuing Legal Education for 1.5 hours of credit, including 1.50 hours of ethics credit.
     
  • MO CLE 1.8 including Ethics 1.8
     
  • This program has been approved by the Missouri Bar for 1.8 hours of CLE, including 1.8 hours of ethics credit.
     
  • MS CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours, including 1.5 hours of ethics credit.
     
  • MT CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Montana Board of Continuing Legal Education for a total of 1.5 CLE credits, which includes 1.50 hours of ethics credit.
     
  • NC CLE 1.5 (Pending)
     
  • ND CLE 1.5 including Ethics 1.5
     
  • This program has been reviewed by the North Dakota Commission for Continuing Legal Education and approved for 1.5 hours of CLE credit, including 1.50 hours of ethics credit.
     
  • NE CLE 1.5 including Professional Responsibility 1.5
     
  • Lorman Business Center, Inc. is an accredited CLE sponsor in the State of Nebraska and certifies that this activity has been approved for 1.5 hours of CLE credit in the State of Nebraska, including 1.50 hours of professional responsibility credit.
     
  • NH MCLE 1.5 including Ethics 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). This Program contains 90 minutes of legal ethics credit.
     
  • NJ CLE 1.8 including Ethics 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit. Of these, 1.8 qualify as hours of credit for ethics/professional responsibility.
     
  • NM CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit, including 1.5 hours of ethics credit.
     
  • NV CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours, including 1.50 hours of ethics credit.
     
  • NY CLE 1.5 including Ethics and Professionalism 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Ethics and Professionalism for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OH CLE 1.5 including Professional Conduct 1.5
     
  • This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 1.5 CLE credit hours, including Professional Conduct for 1.50 hours. Please note that in order to receive OH CLE credit for this audio conference you MUST use the streaming option and enable and complete the required progress checks
     
  • OK CLE 2.0 including Ethics 2
     
  • This course has been approved by the Mandatory Continuing Legal Education Commission of Oklahoma for a maximum of 2.0 hours credit, of which 2.00 hours are credits covering legal ethics.
     
  • OR CLE 1.5 (Pending)
     
  • MCLE Credit in Oregon is pending.
     
  • PA CLE 1.5 including Ethics 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours including 1.50 hours of ethics, professionalism or substance abuse CLE credit.
     
  • RI CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit, including 1.50 hours of ethics credit.
     
  • TN CLE 1.5 including Dual 1.5
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.5 hours of credit, including 1.50 hours of dual credit.
     
  • TX MCLE 1.5 including Ethics 1.5
     
  • This program has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.5 credit hours, of which 1.50 credit hours will apply to legal ethics/professional responsibility credit. Lorman Education Services is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. This program has been approved by the Texas State Bar College for 1.5 hours of CLE credit, of which 1.50 hours will apply to legal ethics/professional responsibility credit.
     
  • UT CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours, including 1.50 hours of ethics credit.
     
  • VA CLE 1.5 (Pending)
     
  • This program has been submitted to the Virginia Mandatory Continuing Legal Education Board for 1.5 CLE credit hours.
     
  • VT CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit, including 1.50 hours of ethics credit.
     
  • WA CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of credit, including 1.50 hours of ethics credit.
     
  • WI CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement, including 1.50 hours of ethics credit.
     
  • WV MCLE 1.8 including Ethics 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours, including 1.8 hours of ethics credit.
     
  • NALA 1.5 including Ethics 1.5
     
  • This seminar meets the requirements of the Certifying Board for Legal Assistants of the National Association of Legal Assistants, for continuing legal assistant education credit required to maintain the CP (Certified Paralegal) credential for 1.5 hours, including 1.50 hours of ethics credit.
     

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • AK CLE 1.5 including Ethics 1.5
     
  • Arizona CLE 1.5 including Ethics 1.5
     
  • CA MCLE 1.5 including Ethics 1.5
     
  • GA CLE 1.5 including Ethics 1.5
     
  • HI CLE 1.5 including Ethics 1.5
     
  • IL CLE 1.5 including Professional Responsibility 1.5
     
  • ME CLE 1.5 including Ethics 1.5
     
  • MT CLE 1.5 including Ethics 1.5
     
  • NJ CLE 1.8 including Ethics 1.8
     
  • NM CLE 1.5 including Ethics 1.5
     
  • NV CLE 1.5 including Ethics 1.5
     
  • NY CLE 1.5 including Ethics and Professionalism 1.5
     
  • OR CLE 1.5 including Ethics 1
     
  • UT CLE 1.5 including Ethics 1.5
     
  • VT CLE 1.5 including Ethics 1.5
     
  • WA CLE 1.5 including Ethics 1.5
     
  • WV MCLE 1.8 including Ethics 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Who should attend?

This live webinar is primarily designed for attorneys. Other legal professionals may also benefit from attending.

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Can't Attend?

More Program Information

Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Christopher Piety

Christopher Piety

Aspen Specialty Insurance Solutions, LLC

  • Joined Aspen Insurance in 2011 as vice president of professional liability claims, and is currently serving as senior vice president - underwriting counsel and professional liability risk management
  • Has worked in the professional liability industry for 30 years and holds licenses as an attorney, claims adjuster, and insurance broker
  • Frequent speaker on professional liability risk management issues
  • Member of numerous professional organizations
  • J.D. degree, Golden Gate University School of Law
  • Can be contacted at 415-800-0012 or [email protected]
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 405184
Published 2016, 2019
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