It’s the end of the year. Many of the litigators are probably wrapping up those cases that have been ready to close but just haven’t for one reason or another. Transactional attorneys may also be in a final push to get the closing documents finalized and signed. It’s fine to take some time and enjoy […]
Category Archives: Legal Malpractice
Common Mistakes in Pennsylvania Estate Matters This legal malpractice avoidance tip is short and simple. It covers three common mistakes that you can easily avoid in estate related matters. Sometimes all you need is a reminder. The Statute of Limitations for Will Contests is One Year If you’re hired to contest a will which has […]
Attorney Patrick K. Gibson will present an “Ethics and Billing” live Webinar – on Tuesday February 27, 2018. This program is available for 2 hours of ethics CLE in various states, including Pennsylvania, Delaware, Texas, New Jersey, and New York. Join us as Attorney Gibson offers valuable insight on ethically balancing your time with your […]
On December 18, 2017 (Dover, DE) and December 20, 2017 (Wilmington, DE), attorney Patrick Gibson will be a part of a seminar program entitled ‘Legal Ethics: Attorney Fees and Client Funds’ for the National Business Institute. Mr. Gibson will be joined by attorney Benjamin Schwartz, and will discuss specifically: Ethics of Fee Arrangements Ethical Billing […]
This month’s appellate practice tip is primarily concerned with the conduct of your client’s case at the lower court. Since the appellate court can only consider the record as it was developed below, it is critical, and procedurally required, that you make sure any appealable issue is preserved in the record. Pa.R.A.P. 302 (a) states, […]
If You’re Sued Don’t defend yourself – you could void your malpractice coverage – instead, contact your carrier. Most carriers will permit you to file preliminary objections in Pennsylvania or A Motion to Dismiss in Delaware in order to avoid paying the deductible if the case against you has no merit or can be summarily […]
As part of your representation, you should properly retain client files or dispose of them through appropriate means. It is a good idea to establish firm-wide guidelines for file retention. As in other areas of firm practice, more experienced attorneys should set the example. Of course, the file retention policy should also be specifically provided […]
This month’s Legal Malpractice Avoidance Tip looks at the diligence required in actually choosing to represent a client… or not! In choosing whether or not to represent a client in a potential legal malpractice claim, one of the first questions to consider asking yourself is: Will You be Able to Competently and Diligently Pursue the […]
Regardless of what your jurisdiction’s ethical rules say about written fee agreements, it is always a good idea to have one with each and every client, for each and every engagement – no exceptions. In establishing the scope of your representation, a carefully thought out fee agreement is essential and may prove to be your […]