The next target; corporate counsel face their own cast of malpractice demons

Article Abstract:

The increase in malpractice cases filed against corporate counsel and the various malpractice dangers faced are discussed. Included are conflict of interest charges and the emerging tort of bad faith litigation misconduct.

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Superfund = superliability; are lawyers the next deep pocket?

Article Abstract:

The next professional liability crisis could come in the area of environmental law, so environmental lawyers need to be aware of what they can do to minimize their liability. The environmental area can be riskier since lawyers in the area are often generalists performing several different functions, even nonlegal ones. Liability claims could arise with regard to conflicts of interest, lawyers as 'potentially responsible parties,' liability from being a member of such a body for decisions made by a 'site participation group executive committee,' and liability for legal advice on environmental compliance.

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Questionable tactics: lawyers can protect against suits that second-guess litigation choices

Article Abstract:

There is a need for a law immunizing lawyers from malpractice liability for judgmental or tactical decisions made during litigation, and about 10 jurisdictions have such laws. In the others, lawyers can best protect themselves by making informed decisions in which the client is involved and by documenting all options which were considered, which one was chosen in the end, and why.

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