Skip to content

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
July 13, 2021

Part Two - Attorneys and Virtual Practice: ABA Formal Opinion 498

As more lawyers choose to keep virtual practice in their professional routines, the ABA Standing Committee on Ethics and Professional Responsibility released Formal Opinion 498, which reminds attorneys to stay cognizant of their ethical responsibilities when practicing virtually.  This is part two in a two-part series discussing this Opinion.

Professional Liability Blog
May 12, 2021

Attorneys and Virtual Practice: ABA Formal Opinion 498

As more lawyers choose to keep virtual practice in their professional routines, the ABA Standing Committee on Ethics and Professional Responsibility released Formal Opinion 498, which reminds attorneys to stay cognizant of their ethical responsibilities when practicing virtually.

Professional Liability Blog
September 29, 2015

Arbitration: Not So Confidential After All?

IntroductionArbitration is a powerful tool for those involved in a professional malpractice action—an area of liability that, despite numerous state efforts, can still be resolved using alternative dispute resolution. See, e.g., Triad Health Management of Georgia, III, LLC v. Johnson, 679 S.E.2d 785, 789 (Ga. App. 2009) (statute providing that “no agreement to arbitrate shall be enforceable unless the agreement was made subsequent to the alleged malpractice” is preempted by the Federal Arbitration Act); Marmet Health Care Ctr. v. Brown, 132 S.Ct. 1201, 1203 (2012) (state law prohibiting a particular type of claim from arbitration is preempted by the Federal Arbitration Act). Unlike public litigation, arbitration provides parties with privacy and confidentiality. Indeed, confidentiality is seen as the principal advantage of arbitration. See, e.g., Global Reinsurance Corp. v. Argonaut Ins. Co., 2008 WL 1805459, *1 (S.D.N.Y. Apr. 21, 2008). This advantage can be particularly useful in the professional malpractice context, whereby arbitration ensures a spotlight is not placed directly over the facts surrounding the alleged malpractice. But, is arbitration truly confidential? Emerging case law suggests the answer is “not really” or “maybe not.” See, e.g., Eagle Star Ins. Co., Ltd. v. Arrowood Indem. Co., 2013 WL 5322573 (S.D.N.Y. Sep. 23, 2013).