2010 PLUS International Conference The First Thing We Do— Sue All The Lawyers: Emerging Trends in Legal Malpractice.

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Presentation transcript:

2010 PLUS International Conference The First Thing We Do— Sue All The Lawyers: Emerging Trends in Legal Malpractice

2010 PLUS International Conference The Round-Up MODERATOR: Irwin F. Giles, RPLU, President & CEO, Administrators for the Professions of Delaware, Inc. PANELISTS: Robert Bragalone, Esq., Co-Managing Partner, Dallas Office, Gordon & Rees, Randy Johnston, Esq., Attorney, Board Certified in Civil Trial Law, Johnston & Tobey, PC Kelley Heide Martin, Esq., Senior Claims Specialist, Line of Business Department, Scottsdale Insurance Michele Wade, Executive Vice President, Lockton Insurance Agency of Dallas, Inc.

2010 PLUS International Conference Discussion Topics Factors Contributing to the Rise of Claims Frequency: Poor Economy Business vs. Profession Tort Reform Targeted Areas of Practice Take-Aways

2010 PLUS International Conference Poor Economy Effect on Law Firm Practice Effect on Clients Effect on Claims Process Effect on Professional Liability Insurance

2010 PLUS International Conference Business vs. Profession Attorney Advertising Internet / Social Media Urban Population Growth Profitability

2010 PLUS International Conference Tort Reform Background Malpractice Shift Future Expectations

2010 PLUS International Conference Targeted Areas of Practice Historical  Personal Injury  Real Estate  Family Law

2010 PLUS International Conference

Targeted Areas of Practice Trends Increase in Real Estate - related Claims Bankruptcy Related Claims Estate and Probate Work Counterclaims

2010 PLUS International Conference For Lawyers: Avoid the practice of “door law” Do things early, not just on time Increase client communications Be sure to document the file wherever appropriate Take-aways

2010 PLUS International Conference For Lawyers (cont’d) Observe/evaluate potential conflicts Don’t cover up mistakes; resolve them Improve your “court-side manner” Collect your ARs timely Take-aways

2010 PLUS International Conference For Underwriters and Brokers: Scrutinize applicants for the practice of “door law” Focus on the practice areas applicants have and the new target areas for claims Beware of “high turnover” firms More carefully evaluate firm’s claims history Take-aways

2010 PLUS International Conference Questions & Answers

2010 PLUS International Conference Many Thanks to … Irwin F. Giles Robert Bragalone Randy Johnston Kelley Heide Martin Michele Wade