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New York Appellate Court Adopts Broad Causation Standard in Legal Malpractice Case

Generally, in a legal malpractice case the plaintiff must prove that it would have achieved a better result, but for the attorney’s malpractice. In the litigation context, this means that the plaintiff must prove that it would have succeeded on the underlying claim or defense, but for the attorney negligence, often referred to as proving the “case within the case.” In the transactional context, the plaintiff often uses the “better deal, no deal” dichotomy to prove causation. Under the “no deal” prong, the plaintiff can prove causation by establishing that, but for the attorney negligence, it would have achieved a better result had it not entered into the transaction at issue. Alternatively, under the “better deal” prong, the plaintiff can succeed by proving that, but for the legal malpractice, it would have achieved a better result through a better and different “deal” or agreement than the transaction at issue. A New York appellate court in Leggiadro, Ltd. V. Winston & Strawn applied a broad and plaintiff friendly interpretation of the “better deal” prong of this causation paradigm.

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729 Hits

Colorado’s New Law On Proving Collectibility In Legal Malpractice Actions

When clients are harmed by the malpractice of a lawyer, they oftentimes face a second, potentially more complicated lawsuit. The plaintiff-clients must prove the underlying case against the original defendant(s) in which the lawyer committed malpractice, and they must prove the negligence of the defendant-lawyer in order to win the malpractice action. While Colorado courts have long recognized that the solvency or insolvency of the underlying defendant must be proven in a legal malpractice case, the courts had not, until recently, answered the question of whether that responsibility lies with the plaintiff or defendant lawyer.

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764 Hits

How Lawyers Should Approach Situations Posing Possible Conflicts of Interest-- Generally

This is the 10th and final of a series of articles, based on a chapter from the 2015 edition of Lawyers’ Professional Responsibility in Colorado by attorney Michael T. Mihm, discussing the current law of conflicts of interest as it applies to Colorado lawyers. It draws upon the Colorado Rules of Professional Conduct; the former Colorado Rules of Professional Conduct, effective through December 31, 2007 (former Colorado Rules or former Colo. RPC); Colorado appellate decisions; ethics opinions; the ABA Model Rules of Professional Conduct; the Restatement (Third) of the Law Governing Lawyers (Restatement); and other resources.

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1491 Hits

Imputed Conflicts of Interest

This is the ninth of a series of articles, based on a chapter from the 2015 edition of Lawyers’ Professional Responsibility in Colorado by attorney Michael T. Mihm, discussing the current law of conflicts of interest as it applies to Colorado lawyers. It draws upon the Colorado Rules of Professional Conduct; the former Colorado Rules of Professional Conduct, effective through December 31, 2007 (former Colorado Rules or former Colo. RPC); Colorado appellate decisions; ethics opinions; the ABA Model Rules of Professional Conduct; the Restatement (Third) of the Law Governing Lawyers (Restatement); and other resources.

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  3745 Hits
3745 Hits

Client Consent to Conflicts of Interest

This is the eighth of a series of articles, based on a chapter from the 2015 edition of Lawyers’ Professional Responsibility in Colorado by attorney Michael T. Mihm, discussing the current law of conflicts of interest as it applies to Colorado lawyers. It draws upon the Colorado Rules of Professional Conduct; the former Colorado Rules of Professional Conduct, effective through December 31, 2007 (former Colorado Rules or former Colo. RPC); Colorado appellate decisions; ethics opinions; the ABA Model Rules of Professional Conduct; the Restatement (Third) of the Law Governing Lawyers (Restatement); and other resources.

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  3915 Hits
3915 Hits

Positional or "Issue" Conflicts

This is the seventh of a series of articles, based on a chapter from the 2015 edition of Lawyers’ Professional Responsibility in Colorado by attorney Michael T. Mihm, discussing the current law of conflicts of interest as it applies to Colorado lawyers. It draws upon the Colorado Rules of Professional Conduct; the former Colorado Rules of Professional Conduct, effective through December 31, 2007 (former Colorado Rules or former Colo. RPC); Colorado appellate decisions; ethics opinions; the ABA Model Rules of Professional Conduct; the Restatement (Third) of the Law Governing Lawyers (Restatement); and other resources.

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  3718 Hits
3718 Hits

Conflicts With Former Clients

This is the sixth of a series of articles, based on a chapter from the 2015 edition of Lawyers’ Professional Responsibility in Colorado by attorney Michael T. Mihm, discussing the current law of conflicts of interest as it applies to Colorado lawyers. It draws upon the Colorado Rules of Professional Conduct; the former Colorado Rules of Professional Conduct, effective through December 31, 2007 (former Colorado Rules or former Colo. RPC); Colorado appellate decisions; ethics opinions; the ABA Model Rules of Professional Conduct; the Restatement (Third) of the Law Governing Lawyers (Restatement); and other resources.

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5115 Hits

Conflicts Between a Lawyer's Personal Interests and a Client's Interests

This is the fifth of a series of articles, based on a chapter from the 2015 edition of Lawyers’ Professional Responsibility in Colorado by attorney Michael T. Mihm, discussing the current law of conflicts of interest as it applies to Colorado lawyers. It draws upon the Colorado Rules of Professional Conduct; the former Colorado Rules of Professional Conduct, effective through December 31, 2007 (former Colorado Rules or former Colo. RPC); Colorado appellate decisions; ethics opinions; the ABA Model Rules of Professional Conduct; the Restatement (Third) of the Law Governing Lawyers (Restatement); and other resources.

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  7541 Hits
7541 Hits

Conflicts of Interest Among Clients

This is the fourth of a series of articles, based on a chapter from the 2015 edition of Lawyers’ Professional Responsibility in Colorado by attorney Michael T. Mihm.

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  3444 Hits
3444 Hits

General Principles of Colorado's Conflict of Interest Rules

This is the third of a series of articles, based on a chapter from the 2015 edition of Lawyers’ Professional Responsibility in Colorado by attorney Michael T. Mihm, discussing the current law of conflicts of interest as it applies to Colorado lawyers. It draws upon the Colorado Rules of Professional Conduct; the former Colorado Rules of Professional Conduct, effective through December 31, 2007 (former Colorado Rules or former Colo. RPC); Colorado appellate decisions; ethics opinions; the ABA Model Rules of Professional Conduct; the Restatement (Third) of the Law Governing Lawyers (Restatement); and other resources.

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2432 Hits

What is a Conflict of Interest and What Conflicts of Interest Really Matter

This attorney conflict of interest blog post is based on a chapter from the 2015 edition of Lawyers’ Professional Responsibility in Colorado by attorney Michael T. Mihm, discussing the current law of conflicts of interest as it applies to Colorado lawyers. It draws upon the Colorado Rules of Professional Conduct; the former Colorado Rules of Professional Conduct, effective through December 31, 2007 (former Colorado Rules or former Colo. RPC); Colorado appellate decisions; ethics opinions; the ABA Model Rules of Professional Conduct; the Restatement (Third) of the Law Governing Lawyers (Restatement); and other resources.

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  2256 Hits
2256 Hits

Did Your Lawyer Have A Conflict of Interest?

A series of articles explaining one of the more common legal malpractice claims

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1721 Hits

10 Rules of the Road for Trial Lawyers - Protecting Clients and Preventing Legal Malpractice (Rule 10)

Rule of the Road No. 10: A trial lawyer must treat clients with respect.

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1419 Hits

10 Rules of the Road for Trial Lawyers - Protecting Clients and Preventing Legal Malpractice (Rule 9)

Rule of the Road No. 9: A trial lawyer must take care of his or her physical and mental health.

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  1432 Hits
1432 Hits

10 Rules of the Road for Trial Lawyers - Protecting Clients and Preventing Legal Malpractice (Rule 8)

Rule of the Road No. 8: A trial lawyer must never “borrow” from a trust account.

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1188 Hits

10 Rules of the Road for Trial Lawyers - Protecting Clients and Preventing Legal Malpractice (Rule 7)

Rule of the Road No. 7: A trial lawyer must maintain boundaries with clients.

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2795 Hits

10 Rules of the Road for Trial Lawyers - Protecting Clients and Preventing Legal Malpractice (Rule 6)

Rule of the Road No. 6: A trial lawyer must have written fee agreements.

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1312 Hits

10 Rules of the Road for Trial Lawyers - Protecting Clients and Preventing Legal Malpractice (Rule 5)

Rule of the Road No. 5: A trial lawyer must disclose and resolve conflicts of interest, or withdraw.

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  1238 Hits
1238 Hits

10 Rules of the Road for Trial Lawyers - Protecting Clients and Preventing Legal Malpractice (Rule 4)

Rule of the Road No. 4: A trial lawyer must tell the client the truth.

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1361 Hits

10 Rules of the Road for Trial Lawyers - Protecting Clients and Preventing Legal Malpractice (Rule 3)

Rule of the Road No. 3: A trial lawyer must effectively communicate with clients.

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  1229 Hits
1229 Hits
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