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Prosecuting Legal Malpractice Claims

(452 Ratings)

Produced on: December 02, 2014

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 60 minutes
Difficulty Beginner

Legal malpractice claims are unique. While a lawyer's negligence is an essential element of every malpractice case, most cases rise and fall based on whether or not a plaintiff can establish causation. To prove causation a plaintiff must ordinarily prove what amounts to two cases: the malpractice case and the underlying case.  

 

Join attorney Dan Abrams as he outlines this "case within a case" framework and the host of pleading, discovery and trial issues that a civil litigator will never encounter outside of a legal malpractice case. Mr. Abrams studies the considerations unique to prosecuting legal malpractice claims that arise at the four stages of a case: case intake/pre-suit, complaint, discovery, and trial. 

 

This course presumes some familiarity with civil litigation. It is designed to help a lawyer handle a legal malpractice prosecution or at least advise clients about such litigation. 

 

Learning Objectives: 

I.    Identify the difference between strong claims and weak claims before taking on the case

II.   Recognize the steps to take before filing the lawsuit

III.  Understand how to plead a legal malpractice claim, conduct plaintiffs' discovery, and survive dispositive motion practice

IV.  Successfully approach the legal malpractice trial

 

Faculty

Daniel Abrams

Law Office of Daniel L. Abrams, PLLC

Daniel L. Abrams’ practice focuses on legal malpractice, and business litigation. Mr. Abrams has helped many corporations and individuals complaining of inadequate legal services or overbilling obtain relief and settlements from their former attorneys.  He represents mostly plaintiffs but occasionally defendants in legal malpractice cases and other disputes related to legal ethics, including legal fee disputes, breach of fiduciary duty cases, cases alleging conflicts of interest, and other professional responsibility issues.  Lawyers and law firms frequently hire Mr. Abrams to serve as lawyer, expert or consultant on issues related to legal ethics or the law governing lawyers.  He has taught legal ethics to other lawyers for the Practicing Law Institute, the New York State Bar Association, Lawline.com and Access MCLE. He has also appeared as a guest lecturer at Suffolk Law School.

In addition to his legal malpractice and ethics practice, Mr. Abrams has an active business litigation practice. Mr. Abrams’ clients include business owners, general counsel, and individuals in a full range of business litigation and arbitration matters.  His cases have included business dealings arising out of oil & gas contracts, licensing agreements, business mergers, employment agreements, financing arrangements, business fraud, trade secrets, and corporate whistleblower allegations.  His litigation cases include a successful multi-million dollar reversal of an arbitration award, a defense victory after a bench trial in a breach of contract case, and many favorable settlements of commercial disputes and legal malpractice cases.

Mr. Abrams received his J.D. from Yale Law School in 1995 where he was an Olin Fellow of Law and Economics. He is a member of The Association of Professional Responsibility Lawyers and the Association of the Bar of the City of New York, where he served on the Professional Responsibility Committee and the Subcommittee on Lawyer Promotion and Advertising from 2004-2007.  He is a member of the bar of the United States Supreme Court, Southern District of New York, Eastern District of New York, Second Circuit United States Court of Appeals, Sixth Circuit United States Court of Appeals, and Tenth Circuit United States Court of Appeals. 

Reviews

IG
Iris G.

Made some very good points.

MM
Mary Ann M.

Really helpful!

DR
Dennis R.

Nicely done.

DB
Dwight B.

great

TS
Tabitha S.

Very engaging speaker.

JR
Jeffrey R.

Very good presentation of a touchy subject!

TR
Todd R.

good presentation

WK
Wynn K.

Very imformative!!!

AP
A. P.

Excellent

ES
Edward S.

Excellent primer for understanding the ins and outs of such litigation.

NG
Neil G.

One of the best presented lectures I have seen on Lawline.

RC
Robert C.

Presentation was very well organized and effectively delivered by the presenter. Very good seminar.

DW
David W.

Good exposition generally on the difficulties faced by plaintiff's attorneys in this type of litigation.

AS
anna s.

Very good presentation and responses to questions posed!

AS
Andrew S.

good job

LM
Lindsi M.

Very clear and informative

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