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Avoiding the Pitfalls: Legal Malpractice Trends and Prevention Tactics

General Credits:
Date:

$179.00

Course Description

No lawyer likes getting sued for malpractice! The anger, the aggravation, the reputational damage, the financial loss: all can be overwhelming. In this course, we will focus on how lawyers in every practice area can protect themselves from the risks of a malpractice suit. Topics include how to draft a proper engagement letter, how to properly structure the attorney-client relationship, how to properly discharge a client, and how to use the statute of limitations to your advantage.

Syllabus

  1. The Elements of Legal Malpractice – What is Legal Malpractice?
  2. Defining the Attorney/Client Relationship in the Engagement Letter
  3. Limited Scope Representations
  4. The Standard of Care: How Is it Defined?
  5. The Standard of Care: How Is it Proven?  Is Expert Testimony Needed?
  6. The Statute of Limitations: When Does It Start to Run?
  7. The Statute of Limitations: Comparison to Statutes of Repose
  8. The Statute of Limitations: Continuous Representation
  9. The “Mount Everest” of Proximate Causation:  The “Case Within a Case”
  10. Damages: What Types of Damages May a Plaintiff Recover?
  11. Damages: When are Damages Too Speculative?

Credit Details

Date

Time

Course Type

Course Instructor

Jesse Klinger, Esq., Ronald C. Minkoff, Esq.
Original Date Of Course

General Credits

1.5
Jesse Klinger, Esq.
Jesse Klinger, Esq.
Jesse Klinger, Esq. is counsel to the Litigation Group at Frankfurt Kurnit, where he focuses on complex civil litigation involving employment, intellectual property, and First Amendment issues. He brings substantial experience in federal and state court litigation, appeals, government investigations, and alternative dispute resolution across constitutional, employment, tort, securities, and consumer-fraud law.
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Ronald C. Minkoff, Esq.
Ronald C. Minkoff, Esq.
Ronald C. Minkoff, Esq. is a partner in the Litigation Group and chair of the Professional Responsibility Group at Frankfurt Kurnit, with extensive experience representing attorneys in partnership agreements, lateral hires, disciplinary matters, fee disputes, and legal malpractice cases. He serves as an expert witness in legal malpractice and attorneys' fees disputes, and holds leadership positions including membership on the New York State Bar Association's Committee on Standards of Attorney Conduct and Committee on Attorney Professionalism, as well as president-elect of the New York County Lawyers Association.
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