Legal malpractice claims against trusts and estates practitioners have risen by more than fifty percent over the course of the past twenty five years. As such, trusts and estates practitioners must recognize their exposure and incorporate risk management into their daily practice of law. This course reviews the trusts and estates practitioner’s increasing exposure to legal malpractice claims, the activities that lead to malpractice claims, ways to reduce exposure to potential claims, and insurance considerations for the trusts and estates practitioner.
I. Understand the increasing malpractice risks associated with the trusts and estates practice
II. Review the ongoing erosion of the privity requirement in legal malpractice actions against trusts and estates attorneys
III. Identify the activities that result in the most malpractice claims against trusts and estates attorneys
IV. Learn best practices to avoid legal malpractice claims
V. Consider insurance implications for the trusts and estates practice
Mr. McCaffery is a partner in the Attorney Liability Practice Group at L'Abbate, Balkan, Colavita & Contini, L.L.P. in Garden City, New York. His practice concentrates in the area of legal malpractice defense. He represents attorneys and law firms that have been sued for legal malpractice in cases ranging from real estate and personal injury matters to complex business transactions and commercial litigation. He is experienced in both trial and appellate practice.
Prior to joining L'Abbate Balkan in 2001, Mr. McCaffery had a general practice in which he handled real estate transactions, business formations, commercial litigation, will drafting, and personal injury matters. Prior to his general practice, he was associated with two defense firms in New York City, where he defended Labor Law actions, dental malpractice actions, general liability claims and represented individuals, small businesses and large, self-insured corporations. This broad range of experience enables Mr. McCaffery to better represent his clients in the varied subject matter that arises in the context of legal malpractice actions.
Mr. McCaffery has received an AV rating from Martindale-Hubbell, their highest rating for general ethical standards and legal ability. He has been named to the 2016, 2017, and 2018 New York Metro "Super Lawyers" list in the area of "Professional Liability Defense." He has received a 10.0 out of 10.0, "Superb" rating from AVVO.
He is a member of the Claims and Litigation Management Alliance (CLM) and a member of CLM's Professional Liability Committee. He is also a member of the American Bar Association, the New York State Bar Association, the Nassau County Bar Association, the University of Scranton Council of Alumni Lawyers, and the Chaminade Lawyers Association. He has authored articles for the New York Law Journal ("Trusts and Estates Lawyers Face Increasing Risks of Malpractice Claims," "Build a Stronger Firm Through Risk Management," "Basic Principles Make Exceptional Attorneys," and "Avoiding Attorney Fee Claim Litigation"), Nassau Lawyer ("Time Management for Lawyers"), and he co-authored the CLM Claims Handling Resources for New York.
Mr. McCaffery is a regular speaker on matters of legal malpractice, professional liability, and risk management before insurance carriers and groups such as the New York State Bar Association, the Nassau County Bar Association, the Suffolk County Women's Bar Association, and St. John's University School of Law (CLE).
He received his Juris Doctorate from St. John's University School of Law in 1996 and his undergraduate degree from the University of Scranton in 1993. He is admitted to practice law in the State of New York and is admitted to the United States District Courts for both the Southern and Eastern Districts of New York.
Very direct, easy to follow, and helpful
Overall good job.
Good overview for the trusts/estates lawyer.
he was very clear.
It was interesting to hear the history of the privity rules.
Very good and informative presentation.
Excellent program and speaker. I could not recommend it more highly for a trusts and estates practitioner.
The course was an excellent primer for avoiding legal malpractice in area of a law practice involving the individual client.
Informative and interesting!
Really good information and well presented.
Very good presenter.
Very informational video. Thank you.
Great examples and perspective. Thank you!
Excellent presentation and speaker!
Excellent presentation. The attorney was well spoken and imparted valuable information.
simply excellent treasure trove of information.
Well done and thank you !
very practical and applicable
Very informative with good advice provided especially concerning obtaining malpractice insurance.
Comprehensive and relevant, very helpful and practical.
Excellent and informative. Superior cross-over advice for any area of the practice.
Excellent presentation. Instructor was articulate and engaging.
Well presented and informative. Thanks.
good content and speaker
very well structured presentation.
Although provided from the viewpoint of an advocate for prosecuting other attorneys for malpractice in this field, I felt it very effective to look at these matters from this viewpoint. Can't be cautious enough.
Good common sense information - a quality presentation
very suitable for start uo counsel or ongoing counsel in field.
The content was excellent as well as the person who presented same.
He was very informative
Very well organized and informative.
really good advice from the instructor
Good to have an ethics course dedicated to a certain area of law.
incredibly informative course
Very good presentation.
Good advice for every attorney, not only estate and trust lawyers
Good review and reminder of how important client communication is
shows good grasp of subject matter. Well done.
basic subject in today's legal/financial/family law environment
It's a very decent presentation.
Solid course. Many good points, guidelines and reminders
Very useful for a new practitioner wishing to avoid common pitfalls.
The speaker was excellent as was the presentation. Very helpful material.