Articles

We all have moments in our practice that we would rather forget. What follows is mine. I was an eager young associate who wanted to impress my client and the partners in the firm. We were handling a tax case that had something to do with inventory tax and the valuation of baby chicks. I had researched the IRS Tax Code, regulations, tax treaties, and IRS rulings and was confident that the IRS agent’s position was untenable. I wanted to display my legal prowess to my client, so I prepared a letter to the client explaining our superior position and the IRS agent’s incompetence.   Read More +

On November 28, 2023, Alex Murdaugh was sentenced to 27 years in South Carolina state prison for the confessed crimes of stealing millions of dollars over the course of a decade from clients, friends, and family. Murdaugh was convicted of murdering his wife and son in March, a crime in which he maintains his innocence. Kathy Pope, a consultant with 30-years of experience in helping law firms manage their trust accounts, provides insight into how Murdaugh’s law firm could have prevented these crimes, and offers tips for ethically managing your trust account.   Read More +

If you practice law long enough, you are bound to make a mistake while representing a client. Some mistakes are harmless and immaterial. Other mistakes may be fatal to your client’s case. In between those two extremes are mistakes that cause your client to suffer some negative consequences or create the possibility of negative consequences in the future. What is required of you when you make a mistake depends on the nature and severity of the error. Failure to make appropriate and timely disclosure of errors can result in adverse disciplinary, malpractice and coverage consequences.   Read More +

Missed deadlines remain the number one source of claims at Lawyers Mutual. Although it appears missed deadlines would be an easy error to avoid, we see it all too frequently. Missed deadlines can include missed statutes of limitations, missed deadlines to obtain alias and pluries summons, missed discovery deadlines, and missed appellate deadlines. Having a good docketing and calendaring system, as well as a routine surrounding deadlines, can help avoid this all-too-common mistake.    Read More +

Let me have a show of hands. Does a counterclaim relate back to the filing date of the complaint? (Raise your hand if you think so) or is the counterclaim governed by the applicable statute of limitations? (Same response). I know I’ve had this discussion with other lawyers over the years.   Read More +

What do you think is the number one complaint clients have about their lawyers? It is not lack of knowledge or competence. It is not even dissatisfaction with the outcome of a matter or the cost to the client.  A BTI Consulting Group Survey indicates that failure to keep a client adequately informed is far and above the number one complaint clients have.   Read More +

Wire fraud was a problem prior to Covid-19; however, with the increase in remote work spurred by the pandemic, wire fraud has increased. Cyber-attacks have occurred in every sector of life and attorneys are not immune.  In fact, real estate attorneys are a prime target for cyber criminals. Read More +

My millennial children like to give me a hard time for not using all the features that my new I-phone offers. I talk, text, e-mail, take pictures, search the internet, and even ask Siri for directions. But did you know you can use your iPhone as a tape measurer or set different vibrations or tones for different callers. Read More +

Rule 3 – Delayed Service of Complaint - It’s the Summons that Counts! Last month, I wrote about Williams v. Jennette and using Rule 6(b) to enlarge the time for filing the complaint that was filed using the Rule 3 “Delayed Service of Complaint” process. Today, I would like to take a ste… Read More +