Associates Can Get in Trouble Too!

In our legal malpractice cases, we generally do not assert claims against associate attorneys on the theory that they are not in charge of the direction taken or work done in the case or transaction. But that doesn’t mean that associates have no responsibility for violations of rules of procedure, ethical rules, or court orders […]

What Can I Reveal About My Former Clients and May I Use Their Confidential Information?

Most lawyers know that you can’t disclose a current client’s confidential information.  But many lawyers—when they are either telling a war story or are trying to illustrate a point— voluntarily reveal confidential information about their former clients. Lawyers also are tempted to use their former clients’ confidential information when they are offered a lucrative case […]

Stockbrokers Who Solicit Customers May Not be Protected

Traditionally, when major wire houses recruited brokers as trainees or from other firms, they required these brokers to sign non-solicitation agreements preventing them from soliciting employees and customers of the firms when they left for greener pastures. For many years, our firm represented Morgan Stanley in suing brokers who left the firm and violated the […]

New Survey Cautions Lawyers to Avoid Conflicts and Be Aware of Cyber Events

We are both blessed and cursed that people who want to sue their lawyers dial our phone number a lot. We spend a tremendous amount of time screening cases to separate the ones that can get to the finish line from those that can’t. Many times when we meet with potential clients, they say “just […]

Brokers Owe a Fiduciary Duty to Their Clients for Retirement Advice!

Introduction On June 9, 2017, the U.S. Department of Labor’s rule requiring financial advisors to act as fiduciaries by putting their clients’ best interest before their own when offering investment advice went into partial effect.  Americans lose about $17 billion a year to conflicts of interest with these advisors.  Under the new rule, advisors must […]

The Dangers of Motions for Continuance

When you file a motion for continuance, you are telling the court, your client, and opposing counsel that you are not ready for trial. This engenders risk even for early trial settings. Two of the biggest legal malpractice cases that our firm has handled involved motions for continuance of early trial settings that were denied. […]