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The Covid-19 pandemic has altered how we interact with our clients, third parties and each other. It has required the legal profession to begin working from home virtually overnight. Naturally, this has led to a search for effective video conferencing technology that will allow lawyers to remotely hold meetings and conduct depositions. As with any technology, the use of video conferencing technology has its risks, especially for lawyers who have never used it before.

As the effect of the COVID-19 pandemic progresses, there is uncertainty surrounding how the impact of the virus on the economy will affect law firms in particular. To prepare for any potential interruption due to COVID-19, attorneys need to develop business continuity and business resiliency plans similar to those utilized in the event of natural disasters and other major disruptions.

It used to be that lawyers got sued very rarely, but that’s gone out the window, said Shelagh McCarthy Savino, assistant vice president of claims for insurer Berkley Select LLC, during a panel discussion on trends in insurance coverage for legal professional liability claims.

“The clients that you think are not going to sue you will in fact sue you,” she said.

Significance of Decision

This is yet another case where a court has held that attorneys are absolutely immune from liability to non-client third-parties for conduct which occurred within the scope of their representation.

The availability of electronic databases makes it easy for a court or opposing counsel to identify unattributed sources and argue that the lawyer who drafted the brief attempted to deliberately deceive the court. And while copying source material without attribution in litigation filings is not per se a violation of a lawyers ethical obligations, many courts disapprove of extensive copying in briefs. (New York City Bar Formal Opinion 2018-3).