June 2022: Worried or Wondering?
You’ve been busy focusing on what matters most. We have been handling the rest. Here is a summary of some of the more interesting or frequently asked questions we received …
When Will a Lawyer’s Malpractice be “Sanctionable Misconduct?”
The most fundamental obligation that a lawyer owes to a client is the duty to handle the client’s matter competently. See La. Rules of Prof’l Conduct, r. 1.1. Incompetent lawyering can …
Malpractice Insurer Provides Helpful Advice on How to Avoid Missing Deadlines
CNA, the leading malpractice insurer for Louisiana lawyers, recently distributed to its insureds helpful advice on how to avoid missing court deadlines. See CNA You Missed a Deadline??? How to …
Louisiana Rejects Collectibility Rule in Legal Malpractice Cases
On November 19. 2020, the Louisiana Supreme Court ruled that “proof of collectibility of an underlying judgment is not an element necessary for a plaintiff to establish a claim for legal …
New ABA Opinion Gets it Wrong on a Lawyer’s Duty to Admit Malpractice
Recognizing that “[e]ven the best lawyers may err,” the ABA Standing Committee on Ethics and Professional Responsibility has issued a formal opinion addressing when a lawyer must inform a client …
What Practice Area Has the Most Legal Malpractice Claims?
According to a recent report by legal-malpractice insurer CNA, the answer is: family law. See CNA, Professional Counsel (April 2018). According to this insurer, “claim frequency in the family law area …
Must a Louisiana Lawyer Have Malpractice Insurance?
No, the Louisiana Supreme Court does not require Louisiana lawyers to carry malpractice insurance or to disclose whether they do so. More than 12 years ago, the American Bar Association …
Must I Tell My Client That I Committed Malpractice?
You missed the prescriptive period. The case is over. Kaput. Do you have to tell your client? Yes, according to a recent ethics opinion from the North Carolina State Bar Association. See …
Court Expands “Fraud” Exception to Peremption in Louisiana Legal Malpractice Cases
Under Louisiana legal malpractice law, an aggrieved client must file suit within three years of the lawyer’s alleged act of malpractice, and within one year of actual or constructive knowledge …