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Professional Liability Blog

We explore and analyze current issues and relevant topics to help accountants, attorneys, architects and engineers, insurance agents and real estate brokers avoid a professional liability case.

Professional Liability Blog
September 8, 2020

Public Policy Prohibits Involuntary Assignment of Legal Malpractice Claim Among Litigation Adversaries

This article discusses the Supreme Court of Iowa’s opinion in Gray v. Oliver, where the Supreme Court decided, as a matter of first impression, that a judgment creditor could not prosecute a legal malpractice claim it obtained as an involuntary assignment from the judgment debtor. Such an assignment violates public policy and threatens the integrity of the attorney-client relationship.

Professional Liability Blog
March 3, 2020

Missouri Court Rules Legal Malpractice Claim Survives Death of the Client and Reaffirms Objective Standard for Reporting Claims to a Malpractice Insurer

The Missouri Court of Appeals, Eastern District confirmed an attorney is judged by an objective standard when determining whether the attorney should have reported a potential claim to his or her legal malpractice insurance carrier.  Additionally, the court held a legal malpractice cause of action survives death of the client.

Professional Liability Blog
November 1, 2018

The “Tripartite” Relationship and an Insurers Right to Sue Panel Counsel

Summary: This article provides a brief overview of the “tripartite” relationship between an insurer, its insured, and panel counsel and the theories under which a direct action can be brought by the insurer against panel counsel for legal malpractice. The “tripartite” relationship refers to the relationship among an insurer, its insured and defense counsel retained by the insurer to defend the insured. Panel counsel are familiar with the “tripartite” relationship and the ethical and professional concerns that it entails.

Professional Liability Blog
July 5, 2016

Don’t Forget That One Member of O.J.’s “Dream Team” Got Disbarred

Over 20 years after the “Trial of the Century,” Americans are again captivated regarding the rise and fall of football legend and former Naked Gun actor O.J. Simpson. The FX television network’s The People v. O.J. Simpson: American Crime Story and ESPN’s five-part documentary O.J.: Made in America has reignited interest in “The Juice.”