Risk Management Articles

Avoiding a (S)he Said, (S)he Said Situation

This article uses actual malpractice claims to illustrate the advantage of maintaining a clear written record of the attorney’s representation of the client—a stronger defense than relying on your word against that of the client.
Celebrating Women’s History Month: America’s First Women in Law

2019 marks the 150^th anniversary of women practicing law in the US. In celebration of Women’s History Month, we would like to take you on a journey back in time to meet some of America’s first women in law, learning about their stories, their struggles, and their triumphs.
2018 Electronically Stored Information Case Law Update

Download the current Wilson Elser ESI Case Law Update. Use the link above to access the Attorneys Advantage website. Enter “attorneysadvantage” passcode. Use search function on Elser site to locate Update.
Bare Naked Lawyers

Many attorneys today are ‘going bare’ without E&O coverage. This article discusses benefits of being insured, the risks of going bare, and provides two cautionary tales that illustrate the potential pitfalls.
Best Practices May Make Perfect

This article provides pointers on best practices for the attorney-client relationship, from solicitation to conclusion of the engagement and beyond.
Betwixt, Between and Bequeathing

Trusts & estates law inherently involves sensitive and personal matters, which makes attorneys who practice in that area uniquely susceptible...
C.L.E. Course: How to Recognize & Respond to 'Dirty Tricks'

As an Aon Attorneys Advantage policyholder you have access to 3 free Continuing Legal Education course hours every year.
C.L.E. Course: Negotiation Ethics for Lawyers (Introduction)

As an Aon Attorneys Advantage policyholder, you have access to 3 free Continuing Legal Education credit hours every year.
Can you Keep a Secret?

Confidentiality clauses in settlement agreements are the rule these days. Defendants want to avoid the bad publicity...
Clear Notice of Alteration of the Attorney-Client Relationship

Typically an attorney-client relationship ends with filing of a withdrawal. In a recent malpractice case the court found a relationship may still be implied under certain circumstances.
Common Misconceptions about Privacy Data Breaches

Eight common misconceptions debunked, such as: data breaches only occur at large corporations, only credit cards get stolen, and a breach will not impact my revenue. Get the facts about cybercrime and cyber insurance.
Cyber Attacks: Are you prepared?

As more people and devices connect, the risk of cybercrime increases. This infographic provides key facts, figures and steps to address the challenges ahead.
Danger of Commingling and Conversion of Client and Third Party Funds

All lawyers know that it is wrong to steal from clients. These days, however, the ethics rules require that lawyers to do more than avoid stealing.
Do You Represent Multiple Clients in the Same Matter?

The thrill of obtaining a multiple client assignment also imposes the responsibility of identifying the persons and interests that you will represent.
Firing your Client

Although clients generally have an absolute right to discharge their attorneys, either with or without cause, lawyers do not have the same right.
Formal Opinion 483: ABA’s New Breach Notification Obligations for Lawyers and Law Firms

This article lays out the ABA’s recommendations pre- and post-breach for: breach monitoring, adopting an incident response plan, preserving client confidentiality, and the firms notification requirements after a breach.
Hacked and Smacked: The Lurking Danger and Costly Ramifications of a Data Breach

Law firms provide a target rich environment for cybercriminals. Twenty-two percent of firms experience a breach in 2017. Learn about recent attacks, your duties to protect your client data, and how to prepare your firm.
C.L.E Course: Illegal Ethics: What NOT to do when you hate your client (and other ethical lapses by lawyers in movies)

Your Aon Attorneys Advantage policyholders have access to 3 free C.L.E. credit hours every year. Review the latest article.
Practical Lessons for Probate Attorneys

Disputes over wills, trusts and the disposition of estates are common and the frequency of litigation against attorneys who practice in the field is on the rise.
Prior Knowledge and the Pitfalls That Come with it

What evidence is there of your “prior knowledge”? Maybe your admission. Or maybe not.
NEW CLE Course - Hack my MBA for Lawyers

Financial Statement Red Flag
Referral Fee Agreements

It is common practice for lawyers to refer cases to one another. It is also common for lawyers to collect a fee for those referrals.
Rejecting Potential Clients and Avoiding Risks

Often, risk management is most effective when practiced before any attorney-client relationship begins.
Risks in Informal Consultations

There are risks involved in informal communications with persons about their legal matters. If a person reasonably believes that a lawyer is providing legal advice...
Starting an Attorney-Client Relationship

Imagine this common scenario: a client comes to you after having an unfortunate and unsatisfactory result in a medical procedure.
Stepping Over the State Line: Your License to Practice Law has its Limits

One of the biggest traps for lawyers is "MJP." MJP stands for multi-jurisdictional practice.
The Risk Lawyers Face from Aiding and Abetting and Civil Conspiracy Claims

Lawyers generally think that their only liability risk comes from making mistakes in their representation of clients. Think again.
The Tripartite Relationship and Attorney-Client Privilege

In the litigious era in which we live, lawyers are increasingly blamed if their representation of a client does not go as the client expected.
The Unintended Client and Engagement Letters

Every year malpractice claims are made against lawyers by individuals that the lawyers never considered to be their clients.
Victims of Social Engineering Fraud: A Trend You Do Not Want to Follow

The emergence of a worrisome trend involving email hacking is plaguing law firms that find themselves involved with wire transfers of client funds.
What's a Relationship without a Formal Engagement? Trouble!

A well-drafted engagement, non-engagement and disengagement letter can help reduce the probability of a legal malpractice claim. This article discusses the sections you should include to help manage client expectations.