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This seminar is designed for attorneys.
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Legal Malpractice  

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This seminar is designed for attorneys.


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Seminar Summary:

This seminar will cover such topics as claims against lawyers, insurance issues, and statute of limitations. (see full course description)


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Training Course Syllabus:

Topics to be discussed include:

  • Claims Against Lawyers
  • Insurance Issues
  • Statute Of Limitations

9:00 a.m. - 10:00 a.m.

I. Claims Against Lawyers

A. Negligence

B. Breach Of Fiduciary Duty

C. Deceptive Trade Practices Act

D. Misrepresentation

E. Negligent Misrepresentation

10:00 a.m. - 10:15 a.m.


10:15 a.m. - 11:15 a.m.

II. Lawyer/Client Relationship

A. When Relationship Exists

B. Ethical Considerations In Drafting Fee Agreements

C. Restatement Of Law (Third) Governing Lawyers

D. Rights And Obligations Upon Termination

11:15 a.m. - 12:15 p.m.

III. Insurance Issues

A. 'Cannibalizing'/Reducing Policy Terms

B. Excess And Secondary Coverage

C. Stowers Doctrine Issues

D. Subrogation

E. Right To Choose Counsel

F. Uncovered Claims

12:15 p.m. - 1:15 p.m.

Lunch (On Your Own)

1:15 p.m. - 2:15 p.m.

IV. Breach Of Fiduciary Duty

A. Defined

B. Arce v. Burrows

C. Remedies And Damages

2:15 p.m. - 2:30 p.m.


2:30 p.m. - 4:30 p.m.

V. Statute Of Limitations

A. Current State Of The Law

B. Attorney Malpractices Is Tort Action, Regardless Of Label

C. Burden Of Proof

D. Triggering The Limitations Period

1. Overview

2. The Legal Injury Test

3. The Discovery Rule

a. Willis vs. Maverick

b. Discovery Of Injury And Possible Causation

c. Procedural Application Of The Discovery Rule

E. The Tolling Doctrine In Litigation Malpractice

F. Application In Transactional Malpractice Suits

G. Problems Applying The Hughes And Discovery Rules

H. Fraudulent Concealment

VI. Lack Of Privity

A. Attorney-Client Relationship

B. Equitable Subrogation Cases

VII. Comparative Negligence

VIII. Good Faith Of The Attorney

IX. Defense Of The Underlying Claim

A. Collectibility

X. Other Defenses

A. One-Satisfaction, Release, Res Judicata

B. Special Rules In Criminal Case Malpractice

XI. Assignments Of Legal Malpractice Causes Of Action

A. Voluntary Assignments

B. Involuntary Assignments

C. Problem Of The Insolvent Judgment Debtor

D. The Zuniga Rule

E. Efforts To Circumvent Zuniga

Seminar Summary:

This seminar will cover such topics as claims against lawyers, insurance issues, and statute of limitations. (see full course description)

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