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Feb 6 2014
Whose E & O is it if an application comes in late? If you have had 30 to 60 days to complete an application but you give it to your agent the day before you renew, when are you insured? Who holds the power? You? The agent? The carrier?
What happens when, having received your application 24 hours prior to your expiration date, the current carrier determines it will not renew your policy due to new information contained in your application? Do you have new practice areas? Did you decide...
Feb 4 2014
Lawyers should know that if the blog contains information regarding the lawyer's services, the blog should conform to the lawyer's state rules on advertising, particularly those addressing false and misleading advertisements. Some additional risks are:
Ex Parte Contacts - Lawyers should avoid interacting with a represented party and not contact a party already represented by counsel via the represented party's blog.
Duty of Confidentiality - When discussing any representatio...
Feb 3 2014
The file destruction issue is a mix of malpractice and ethics issues. In short, there is no "one time period fits all files" answer. Each file must be reviewed by a lawyer with these matters in mind.
Malpractice considerations - Maintain file for minimum time period for running of statute of limitations (SOL) on a legal malpractice claim, generally two years. Note that SOL may not begin to run until the malpractice is discovered. In some circumstances files may have to be mainta...
Feb 1 2014
Clients frequently ask us: "Can we sue for fees?" While we don't encourage suing for fees, we know that lawyers should not be ‘shut out' of availing themselves of the courts to be paid on contractual obligations.
Before you sue for fees, follow these guidelines:
First, review the file for any potential legal malpractice in the representation (or actions that could be in good faith claimed to be malpractice) that could defeat the fee claim. Have another lawyer in ...
Jan 14 2014
Standard Business Owner Policies (BOP) and Commercial Package Policies (CPP) do NOT have Commercially Owned Auto coverage.
In Indiana, BOP and Commercial Package Policies generally do not have Uninsured / Under Insured (UM/UIM) coverage.
Hired - Non Owned coverage does NOT apply to Partners / Executive Officers driving their own vehicles on business.
Hired - Non Owned coverage DOES apply to the law firm if the entity is named as a Defendant
Partner slams into another car: Part...