Legal Malpractice insurance coverage is generally a “claims made” type. Here is a typical case, now in the NJ Supreme Court. The issue is whether a claim, within the policy period, is covered. Ins. Co. says no, the events took place prior to policy period. Attorney says yes, claim came during policy, and I had

Good cause for termination is not the same as malpractice. Attorney malpractice, the deviation from good and accepted practice, which proximately damaged the party, in which, but for the negligence of the attorney there would have been a different or better result is not the same as good cause for termination. Termination for cause has

This Illinois case, reported by Jerry Megne and Cassandra Crotty of the Illinois Legal Malpractice Blog, shows the interaction of three limitation periods, and the resultant vital legal malpractice case which arose from a botched medical procedure followed by a botched legal proceedings. Tolling for infancy, the statute of limitations and the statute of repose

In general, privity is required before an attorney may be held liable in legal malpracitce. Sometimes, the attorney may be held for advice, especially opinion letters, to 3d parties, who did not hire the attorney, but relied upon the advice. Here is a case, reported by the Hinshaw firm, which restates the principal.

Mega Group,

This is always a hovering problem. In NY there is no effective way to determine whether the target attorney has coverage prior to bringing suit. When the target has no legal malpractice coverage, one may expect any amount of twisting and turning to avoid the claim. Bankruptcy is possible, and I have had three cases