What will be driving lawyers professional liability risks tomorrow? Next month? In the next year and beyond? Will it be failures to adapt to changing technology? Overly aggressive adoption of and dependence on AI? The move to a far more remote work environment, and the feared deleterious impact on training of a new generation of lawyers? Will it be the risks associated with what some are calling the most massive distribution of wealth in the history of mankind, with the continued aging of the Baby Boomer Generation? Something entirely unexpected? In a conversation with Melissa Demmon, former Vice President Claims Counsel for Sompo (who oversaw their lawyers malpractice claims team) and current Director, Risk Management, EPIC Law Firm Group, Ryan Kelly, Claims Team Lead, Berkley Select (who leads a team of legal, accountant and management liability specialists), and Megan Zurn, Claims Manager, AXA XL (who manages a claims team who handle a variety of professional liability matters nationwide with a concentration on lawyers professional liability claims) moderated by PLDF President Peter Biging, this webinar will take a deep dive into what they are seeing on the horizon, what specific risk concerns they have, and ideas their thoughts on how the legal malpractice landscape will be changing and evolving moving forward.
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I’ve spent my entire career working with the legal industry, primarily litigators from the AmLaw firms as well as in-house attorneys. Every year you see the same messaging in the industry: --> In-House counsel are finding more creative ways to manage outside counsel spend - budget keeps disappearing and more work is being done in-house --> Law firms are trying to find ways to get more competitive while also increase rates (and that’s been very apparent over the last 3-5 years with innovative technologies not only being used to help save the lawyers time, but built to support their in-house client community) In the last few years I’ve become intimately familiar with just how high those bills with outside counsel can be for litigated matters. Is it an impeccable work product completed by someone who has an expertise in this particular area and is well worth it? 10000% no argument there. However, there’s other steps you can take to ensure your law firm bills are more manageable and more predictable. The last several years of my life have been dedicated almost exclusively to managing legal spend, without sacrificing quality or level of service. I went from managing in-house spend on contract review to automate the obscene amount of NDAs/MSAs/POs/alltheacryonyms with AI to helping outside counsel manage spend on eDiscovery matters based on TB rather than user count or number of applications. I’m back for more with court reporting. In-house community, I’ve worked with you for years. You know panels of approved vendors aren’t exactly a new concept ..they’re being used by almost every insurance company in business today. You don’t have to be in insurance to dictate the services you want your law firm to use for you. I am here to help make your spending more predictable. Litigation happens. Sometimes it’s anticipated, often times it’s not…but it’s always expensive no matter how you slice it. Wouldn’t it be nice to have pre-negotiated rates agreed upon with a trusted vendor of your choosing before your next matter arises? What can Steno do for YOU?
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??? Boost Your Coverage Offerings with Embroker Access: Lawyers Professional Liability Program ??? Attention insurance brokers! Are you looking to provide your law firm clients with robust, competitive, and tailored coverage? Embroker Access is here to elevate your offerings with our Lawyers Professional Liability (LPL) program designed specifically for law firms with up to 25 attorneys. ?? Exclusive Benefits & Competitive Pricing: Our program, backed by Everest (AM Best: A+ / XV), offers competitive pricing and additional premium incentives for law firms utilizing Legal Practice Management Systems like Clio - Cloud-Based Legal Technology and Practice Panther. ?? Speed & Simplicity: Instantly quote and bind eligible law firms through our intuitive platform. Quickly determine eligibility with our straightforward checklist—fewer than 25 attorneys, claims-free, and no disciplinary actions. ?? Comprehensive Coverage Features: Pre-Claim Assistance: Not subject to the deductible, helping to address potential claims early. True Worldwide Coverage: Extending protection wherever your clients do business. First Dollar Defense & Claims Expense Outside the Limit: Enhanced defense cost features to protect your clients from the outset. ?? Proactive Risk Management: Our LPL program addresses commonly overlooked coverage gaps, minimizing the risk of claims and providing peace of mind to your clients. ?? Specialized Focus: We cover a range of law firm classifications. Partner with Embroker Access and leverage our dedicated panel counsel specializing in Tech E&O and proactive claims management. Our duty to defend means we stand by your clients from the moment a claim is made. ?? Learn more about our Lawyers Professional Liability Program: https://lnkd.in/gYYNaQMz Elevate your clients’ coverage with Embroker Access. Let’s simplify the insurance process together! ?? Contact Kris Hitchens or Michelle Harpole for more information. #InsuranceBrokers #LawyersProfessionalLiability #EmbrokerAccess # #DutyToDefend #Insurance
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Join the The Insurance Library and the Social Law Library online June 13th this interactive lecture-style program co sponsored with the Insurance Library is designed to provide an overview of the most common legal malpractice claims (including related risks, such as cyber, management, and employment-related claims), and how to avoid them. During this two-hour seminar, Eileen Garczynski, Esq. , an attorney with more than 30 years of risk management experience) and Dennis J. Quinn, an, attorney with decades of experience defending legal malpractice cases will give you a framework to identify and proactively address risks and opportunities across your entire firm. For more information and to register - https://bit.ly/3ye3uc5 Covered topics include: Frequency and severity of legal malpractice claims The most common causes of legal malpractice claims The most common practice areas generating legal malpractice claims and why Issues with lateral hires and law firm mergers Cyber risk within the legal malpractice arena Conflicts recognition and resolution among affiliated companies Management of conflicts and waivers for outside counsel Protection of client confidences and communications Whistleblower actions Technology and cybersecurity concerns for in-house counsel Corporate misconduct hashtag #legalmalpractice hashtag #cle hashtag #onlineeducation hashtag #whistleblower hashtag #inhousecounsel hashtag #corporatemisconduct
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To rein in costs and bring more predictability to their budgets, corporate legal teams are?rethinking their litigation strategies. A major priority for many is better managing law firm spend. By bringing oversight of discovery work in-house and leveraging technology, companies aim to handle disputes more effectively while keeping expenses in check. #Ediscovery #LegalTech
?? Litigation spend is soaring in the insurance industry. But it’s not just spiraling expenses that keep corporate in-house leaders up at night. It’s also the surprise bills that make budgeting so hard. In this case study, we describe one U.S. insurer’s journey from unpredictable costs and lack of visibility into matters handled by outside counsel to better control and stronger collaboration. By bringing oversight of the discovery process in-house, the company was able to achieve a lower combined ratio, a key profitability metric in the insurance industry. Other advantages of their new litigation approach are: ? More insight into outside counsel billing and strategy ? Significant savings on data-related fees, such as hosting and ingestion fees ? Greater budget predictability? ? Bringing control of discovery in-house through modern technology transforms how companies manage disputes! ?? Read more > https://lnkd.in/gDa3r6ic #Ediscovery #LegalTech
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A big thanks to Business Insurance for featuring me in their November issue with the article on legal malpractice claims and generative AI. It’s a privilege to share insights on such important topics impacting our industry. Generative AI is revolutionizing our approach to risk management and legal services, and I’m thrilled to contribute to this ongoing conversation. Thank you for the opportunity, and I’m looking forward to connecting further with fellow professionals in this evolving landscape! #BusinessInsurance #LegalMalpractice #GenerativeAI #Thankful
Expanding risks drive lawyers liability claims
businessinsurance.com
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?? Litigation spend is soaring in the insurance industry. But it’s not just spiraling expenses that keep corporate in-house leaders up at night. It’s also the surprise bills that make budgeting so hard. In this case study, we describe one U.S. insurer’s journey from unpredictable costs and lack of visibility into matters handled by outside counsel to better control and stronger collaboration. By bringing oversight of the discovery process in-house, the company was able to achieve a lower combined ratio, a key profitability metric in the insurance industry. Other advantages of their new litigation approach are: ? More insight into outside counsel billing and strategy ? Significant savings on data-related fees, such as hosting and ingestion fees ? Greater budget predictability? ? Bringing control of discovery in-house through modern technology transforms how companies manage disputes! ?? Read more > https://lnkd.in/gDa3r6ic #Ediscovery #LegalTech
How Corporate Legal Teams Are Slashing Litigation Costs by Managing Discovery Work In-House
everlaw.com
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Insurance Defense #Paralegals play a critical role is defending insurance companies and their policyholders in legal disputes. The role is exciting, diverse, and sometimes boring ?? You're working on a broad spectrum of cases from personal injury, property damage, medical malpractice, product liability, construction defects, and workers compensation. The variety keeps the work dynamic! ?? This role requires a blend of investigative skills, organization, and strategic thinking. Below are some examples on why being an #insurancedefenseparalegal is cool. ?? 1?? Investigation Experts: Digging into police reports, medical records, and more to uncover key facts. Research and prep that can change the course of a case. 2?? Cost Management: You help keep legal cost down with strategic oversight. 3?? Claims Adjuster Collaboration: You work closely with adjusters to develop winning strategies. 4?? Discovery Mastery: You manage massive amounts of evidence making sense of it all, while mastering e-discovery. 5?? Expert Witness Coordination: Tracking down and preparing expert witnesses gives you a front-row seat to technical and medical insights, adding depth to your skills. 6?? Specialized Knowledge: You get to dive into medical and technical fields, developing expertise that goes beyond traditional legal work. 7?? Trial Support: Many cases go to trial, so you'll often be right in the thick of trial prep, exhibits, and supporting the team in court. 8?? Subrogation Support: Assisting in recovery efforts when third parties are liable. 9?? Negotiation Insight and Settlement Expertise: Supporting attorneys with detailed case analysis and playing a key role in the settlement process. 1??0?? Document-Heavy: Navigating large volumes of evidence with skill and organization. 1??1?? Liability Analysis: Finding facts that limit client liability makes you a key player in defense strategy, using analytical skills to uncover the truth. 1??2?? ADR Involvement: You get to be part of mediation and arbitration processes, where strategy takes a different path from traditional litigation. 1??3?? Settlement Expertise: You play a role in preparing settlement documents and agreements, ensuring everything rules smoothly from start to finish. . . . . . #InsuranceDefense #ParalegalLife #LitigationSupport #LegalServices #CaseManagement #TrialPreparation #InsuranceLaw #LegalCareers #ParalegalSkills
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Enhancing Client Relationships with ClaimDeck: Eradicating Common Friction Points for Law Firms In a recent CLM Alliance (Claims and Litigation Management Alliance) study, performed by Suite 200 Solutions, participants were asked to rank their top recurring friction points in relationships with insurance company clients. From payment issues to unrealistic expectations, law firms face numerous challenges that can strain these vital partnerships. At ClaimDeck, we understand these pain points and are committed to eradicating them through our comprehensive litigation management platform. Here's how ClaimDeck tackles each friction point head-on: ?? Payment Issues: By improving transparency, we eliminate delays and disputes, helping both law firms and insurance clients stay aligned. ?? Rate Issues: With ClaimDeck’s analytics-driven approach, law firms and clients can review their historical data and make informed decisions on rates, ensuring fair and mutually agreed-upon pricing structures. Our platform facilitates discussions based on your actual case and performance data, making negotiations smoother. ?? Client Responsiveness: For associates especially, ClaimDeck’s automated notification system keeps all parties updated on case developments. This fosters prompt responses and better communication, ensuring that no case falls through the cracks due to delayed responses. ?? Unrealistic Expectations & Workload Concerns: ClaimDeck provides law firms with a clear view of case status, expected deliverables, and timelines, ensuring that expectations are realistic and achievable. This transparency enables law firms to allocate resources efficiently without overextending themselves. ?? Valuation of Work: With ClaimDeck’s data-backed reporting features, law firms can showcase the value they bring to each case. Our platform allows firms to highlight their proactive management, leading to measurable results in claim resolution, case life reduction, and client satisfaction. These tools empower law firms to navigate the complexities of working with insurance clients seamlessly. ClaimDeck bridges the gap, building stronger, more productive relationships. Say goodbye to friction points. With ClaimDeck, law firms and insurance companies can collaborate without barriers. #LitigationManagement #ClientRelationships #ClaimDeck #LegalTech #InsurTech
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?? Navigating the Shifting Landscape of CCO Liability: Key Insights from the SEC Last quarter saw increased discussion of CCO liability by key figures at the U.S. Securities and Exchange Commission. @Tiffany Ann Rowe of Orrick, Herrington & Sutcliffe LLP published an article for the ABA's Litigation Section that summarized this discussion, which have brought this issue into sharper focus. Below are the important points that Ms. Rowe highlights. ?? Call for Clarity: In October 2023, SEC Commissioner @Mark Uyeda highlighted the urgent need for a clear framework defining scenarios where CCOs could face liability for securities law violations. The absence of such guidance has been a significant concern, especially given the rapid pace of regulatory changes under Chairman Gensler. ??? Insights from @Gurbir Grewal: Speaking at the New York City Bar’s Compliance Institute, Grewal, head of the SEC’s Enforcement Division, acknowledged the rarity of targeting compliance personnel. He emphasized that enforcement actions are not intended for those acting reasonably and in good faith. However, he warned against specific behaviors like active participation in misconduct, misleading regulators, or a complete failure in compliance responsibilities. ?? Historical Context and Proposals: This is not a new debate. Both the New York City Bar Association and the National Society of Compliance Professions have proposed frameworks for CCO liability. Notably, Commissioner Hester M. Pierce reflected on these questions in 2022, citing a case where a CCO's failure in addressing compliance issues was scrutinized. ?? Lessons from Enforcement Actions: Recent SEC actions, like those against a former practice leader at Marcum LLP and Two Point Capital Management, underscore the consequences of neglecting compliance responsibilities. These cases highlight the need for CCOs to develop and effectively implement tailored compliance policies, rather than relying on generic frameworks. ?? The Way Forward: Grewal's comments signal the SEC's recognition of the need for clearer guidance on CCO liability. Until such guidance is provided, it is vital for CCOs and compliance teams to remain vigilant, proactive, and fully engaged in their roles to avoid negligence and misconduct. ?? Although CCO liability is often discussed, the reality is its rarely an issue unless the CCO is involved in misconduct or fails to exercise reasonable care in performing her or his duties. My next post will discuss some best practices that CCOs should implement to ensure they avoid personal liability. #CCOLiability #SECUpdates #ComplianceRisk #FinancialRegulation
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?? Navigating the Shifting Landscape of CCO Liability: Key Insights from the SEC Last quarter saw increased discussion of CCO liability by key figures at the U.S. Securities and Exchange Commission. @Tiffany Ann Rowe of Orrick, Herrington & Sutcliffe LLP published an article for the ABA's Litigation Section that summarized this discussion, which have brought this issue into sharper focus. Below are the important points that Ms. Rowe highlights. ?? Call for Clarity: In October 2023, SEC Commissioner @Mark Uyeda highlighted the urgent need for a clear framework defining scenarios where CCOs could face liability for securities law violations. The absence of such guidance has been a significant concern, especially given the rapid pace of regulatory changes under Chairman Gensler. ??? Insights from @Gurbir Grewal: Speaking at the New York City Bar’s Compliance Institute, Grewal, head of the SEC’s Enforcement Division, acknowledged the rarity of targeting compliance personnel. He emphasized that enforcement actions are not intended for those acting reasonably and in good faith. However, he warned against specific behaviors like active participation in misconduct, misleading regulators, or a complete failure in compliance responsibilities. ?? Historical Context and Proposals: This is not a new debate. Both the New York City Bar Association and the National Society of Compliance Professions have proposed frameworks for CCO liability. Notably, Commissioner Hester M. Pierce reflected on these questions in 2022, citing a case where a CCO's failure in addressing compliance issues was scrutinized. ?? Lessons from Enforcement Actions: Recent SEC actions, like those against a former practice leader at Marcum LLP and Two Point Capital Management, underscore the consequences of neglecting compliance responsibilities. These cases highlight the need for CCOs to develop and effectively implement tailored compliance policies, rather than relying on generic frameworks. ?? The Way Forward: Grewal's comments signal the SEC's recognition of the need for clearer guidance on CCO liability. Until such guidance is provided, it is vital for CCOs and compliance teams to remain vigilant, proactive, and fully engaged in their roles to avoid negligence and misconduct. ?? Although CCO liability is often discussed, the reality is its rarely an issue unless the CCO is involved in misconduct or fails to exercise reasonable care in performing her or his duties. My next post will discuss some best practices that CCOs should implement to ensure they avoid personal liability. #CCOLiability #SECUpdates #ComplianceRisk #FinancialRegulation
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Litigation Partner and Law Firm Leader at Kopka Pinkus Dolin
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