Category archive: Liability

The Benefits of Limitation of Liability Clauses

Summary: Limitation of liability clauses are not favored in the eyes of the law, but they are often upheld by the courts. To be effective, it is important the clause be reasonable and specific. An enforceable limitation of liability clause may drastically limit the potential liability of the professional. Professionals use contracts on a regular…

Solo Practitioners Beware: Failure to Follow Multiple Rules of Professional Conduct Can Equal Indefinite Suspension of Law License

Introduction In Erie-Huron Cnty. Bar Assn. v. Smith, 2016 WL 911280 (Ohio Mar. 10, 2016), the Ohio Supreme Court upheld the Board of Professional Conduct’s ruling to indefinitely suspend a solo-practicing attorney’s law license. The Supreme Court held an indefinite suspension was warranted due to the attorney’s failure to file bankruptcy petitions on behalf of…

Lawyers Mixing Legal Counsel with Business Interests? Not So Fast

Introduction In Burk & Reedy, LLP v. Am. Guarantee & Liab. Ins. Co., 89 F.Supp.3d 1(D.D.C. 2015), the U.S. District Court for the District of Columbia examined a professional liability insurer’s duty to defend when the insured attorney is involved in both the legal and business aspects of a failed transaction. The case serves as…

Withdraw! Withdraw! Withdraw! Redux

Attorneys can run afoul of the rules of professional conduct in a variety of ways. One of the most common ways is by ignoring a client’s matter. The Ohio Board of Commissioners on Grievances and Discipline recently sanctioned an attorney for just that. On review, the Ohio Supreme Court then upheld the majority of the…

A Limit on Liability for Your Partner’s (Allegedly) Bad Behavior

Attorneys are well aware a law firm’s partner(s) can take actions that may result in liability for all partners of the firm. Limited liability partnerships (LLPs) may offer some additional protection in this area by precluding personal liability for the acts of another limited liability partner. In New Jersey, a recent case confirms that courts…


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