Prosecuting Legal Malpractice Claims (Update)

(78 Ratings)

Produced on: May 15, 2018

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 60 minutes
Difficulty Intermediate

Legal malpractice claims are a unique animal. 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, which amounts to two cases (where the underlying representation is a litigation): the malpractice case and the underlying case. This course will highlight this "case within a case" framework and address the other pleading, discovery, and trial issues that a civil litigator will only deal with in a legal malpractice case. 

Additionally, in this course, attorney Dan Abrams will cover the 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 and will help a lawyer best handle a legal malpractice prosecution.  


Learning Objectives:
  1. Identify strong vs. weak claims prior to taking a case
  2. Take the correct steps prior to filing
  3. Plead a legal malpractice claim
  4. Conduct plaintiffs' discovery and motion practice
  5. Properly 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

EF
Elliot F.

Good discussion of a complex topic.

SE
Stephen E.

Good primer.

PS
Paul S.

Interesting presentation by Mr. Abrams. Thank you!

KR
Kenneth R.

Good insights into this somewhat unique area of the law. Good information for every lawyer to know.

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