disciplinary_matters

How Best to Deal with State Bar Disciplinary Matters – Part 1

Responding to Bar Complaints. Receiving a Bar complaint can be one of the most traumatic experiences in an attorney’s professional career. I’ve spent a lot of time writing about how to avoid Georgia State Bar complaints, but what do you do if you receive one? How you respond, and the type of assistance you seek, is absolutely critical in minimizing the disruption as well as disposition.
legalmalpractice

Establishing Attorney-Client Privilege Within Your Own Firm – Part 1

Learning some lessons from the recent Hunter Maclean v. St. Simons Waterfront appeal. How do you protect your internal firm communications from discovery in a legal malpractice case? The answer begins when you first believe that your firm has received a threat of a possible claim. The recent Hunter Maclean opinion provides at least a little clarification after so many different court opinions across the country.
conflicts

New Georgia Bar Rules Regarding Conflicts of Interest

An ABA study on legal malpractice claims from several years ago found that the majority of money paid to plaintiffs involved cases with conflicts of interest. Conflicts allow the fact finder (judge or jury) to award attorneys’ fees, punitive damages and a disgorgement of fees paid to the liable lawyer. Worse yet, these types of damages are usually not covered by a lawyer’s errors and omissions insurance policy.