Corporate Transparency Act: Further Clarification
As with any new sweeping federal regulatory scheme, there are kinks to work out and questions which need clarification. This has certainly been true for the Corporate Transparency Act (“CTA”). The Financial Crimes Enforcement Network (“FinCEN”) of the U.S. Department of Treasury has continued to issue new FAQ’s in response to multiple inquiries. Read More +
Know Your Role Before Agreeing to Serve as Local Counsel in Federal District Court in NC
Agreeing to serve as the local attorney for out-of-state counsel can be a productive and beneficial relationship for the attorneys, as well as the client. Lawyers Mutual wants to remind attorneys to enter into the arrangement understanding what your duties are as local counsel and do not treat it as being a merely ministerial task. Read More +
Own Your Mistakes But Don’t Fall on Your Sword
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 +
Common Litigation Errors: Missed Deadlines
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 +
Practice Points with Mark Scruggs: Sometimes the Best Defense is a Strong Offense
If you are a plaintiff’s lawyer, I’ll bet all too often you receive a responsive pleading contesting service of the summons and complaint and personal jurisdiction over the defendant. Sometimes your client’s case may be threatened if the statute of limitations has expired. Read More +
Do I Need Tail Coverage?
The most frequently asked question we receive in the Underwriting Department is “do I need tail coverage?” This, of course, leads to questions about what it is, how does it work, and what is the cost. Every attorney’s situation is different, and you should speak with one of our underwriters about your specific situation. With that said, let’s review the basic concepts of tail coverage to help you answer this question. Read More +
Common Errors in Real Estate-Wire Fraud Claims
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 +
Practice Points with Mark Scruggs: Timely Respond to Discovery Requests or Risk Waiver of All Objections, Including Privilege!
Sometimes we lawyers take discovery deadlines lightly. So what’s the worst that can happen? Opposing counsel files a motion to compel discovery, and the Court enters an order compelling discovery? Read More +
Duty to Report: Don’t Be an Ostrich
We have all heard the saying, “Don’t bury your head in the sand.” It was once believed that ostriches buried their heads in the sand to avoid predators. The theory was that ostriches were so simple-minded that they thought that, if they couldn’t see their predators, then their pred… Read More +
There's a Caveat - Responding to Requests For Your Estate File
If the calls we receive at Lawyers Mutual are any indication, there has been a significant increase in estate litigation in recent years. A consequence of all that litigation is that estate planning attorneys are regularly receiving requests for their client files. The request may take the form of an informal p… Read More +
Practice Points with Mark Scruggs
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 +
Law Lessons from Shoeless Joe’s Last Ballgame
Law Lessons from Shoeless Joe’s Last Ballgame Read More +
Practice Points With Mark Scruggs - “Limited Scope” Representations
Rrecommendations for a successful limited scope representation. Read More +
Time for a GAL Checkup
Guardian ad Litems risk management tips. Read More +
Practice Points with Mark Scruggs: Improve Your Practice by Improving Your Engagement Agreement
A review of engagement agreements. Read More +
Estate Administration Traps
Examples of common estate planning errors. Read More +
A Valentine’s Day Lawyer in the Police Blotter
A Valentine’s Day story about the redemptive power of love. Read More +
Practice Points with Mark Scruggs: It’s a New Year; Fire a Client!
Five reasons why you should review your client files this New Year and fire at least one client. Read More +
Estate Planning Traps
Common estate planning errors Lawyers Mutual is seeing and how to avoid them. Read More +
Avoiding Equitable Distribution & Alimony Claims
Equitable distribution and alimony claims review. Read More +