News and Articles

In an opinion issued on June 9, 2020, the American Bar Association Standing Committee on Ethics and Professional Responsibility addressed an often overlooked individual: the former prospective client…
Jeffrey Yao comes to Berkley Select having over 20 years in the property & casualty industry and hold his Juris Doctorate from the University of Pittsburgh School of Law. Jeff has extensive expertise having held claims leadership roles with a focus in areas of Management Liability and Professional Liability…
Alastair Shore has over 30 years of experience in the property casualty insurance business and holds the Fellow of both the Casualty Actuarial Society (FCAS) and the Institute of Actuaries (FIA). He is also a member of the American Academy of Actuaries…
These are turbulent times. Like many businesses and individuals who are struggling to pay bills and stay afloat, clients may also be struggling to pay fees…
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…
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…
Increasingly complex legal malpractice claims and rising defense costs make it essential for all attorneys to not just have professional liability insurance, but to be proactive in understanding their coverage and its limits, speakers at Hinshaw & Culbertson LLP’s Legal Malpractice and Risk Management Conference said Wednesday in Chicago…
Attorney Has Immunity for Destroying Evidence When Acting Within Scope of Representation
Hance v. Super Stores Industries, 2020 Cal. App. LEXIS 60 (Cal. App. Ct. Jan. 23, 2020)
Lawyers are guided by a codified, and extensively interpreted, set of rules of professional ethics.  Surprisingly, none of these rules define or specifically address the issue of plagiarism…
The California Consumer Privacy Act (CCPA or the Act) takes effect January 1, 2020. The Act recognizes and enforces California consumers’ right to privacy and control over their personal information…
The departure of a lawyer from a firm often creates a highly-charged, emotional atmosphere which can make it difficult for those involved to appropriately consider their responsibilities to the clients and to each other. ABA Formal Opinion 489, released in December 2019 by the ABA Standing Committee on Ethics and Professional Responsibility, contains the latest ABA direction regarding ethical obligations during this difficult time…
Lawyers are ethically required to keep clients “reasonably informed about the status of the matter,” including “promptly complying with reasonable requests for information.” ABA Model Rule of Professional Conduct 1.4(3)-(4))…
When obtaining signatures from clients on fee agreements or engagement letters, an attorney must not overlook the necessity of signing the document themselves. In a recent case, the Texas Court of Appeals refused to enforce an arbitration agreement where the clients had signed the fee agreement, but the law firm had not…
We all know that “a lawyer shall abide by a client’s decision whether to settle a matter.” But what happens when lawyer and client disagree on strategy…
Trust and Estate lawyers commonly draft reciprocal testamentary instruments for married couples. In representing these individuals, the attorney meets with both parties together to discuss their aligned (and separate) probate goals, evaluates the strengths and weakness of options available to the clients, and ultimately drafts joint, complementing instruments to reflect these wishes…
W. R. Berkley Corporation today announced the appointment of Daniel R. Spragg as president of Berkley Select, a Berkley Company. The appointment is effective immediately…
Many lawyers struggle with the concept of “wellness” and how to incorporate it into their professional life. In recent years, the American Bar Association (ABA) has made a concerted effort to include wellness as a new cornerstone of our profession…