Category archive: Professional Liability

Law Firm Prevails in Pursuit of Attorney Fees, But at What Cost?

Introduction In Storino, Ramello & Durkin v. Rackow, 45 N.E.3d 307 (Ill. App. 1 Dist. 2015), a law firm prevailed in seeking nearly $110,000 in attorney fees from its former clients under a contingency fee agreement that rewarded the firm based on how much was saved in special assessments the Village of Bensenville had sought…

Your Case is Pending on Appeal? If Malpractice is a Concern, Don’t Forget to Disclose

Introduction In Bar Plan Mutual Ins. Co. v. Likes Law Office, LLC, 2015 WL 6023075 (Ind. App. Oct. 15, 2015) (No. 02A03–1502–CT–65), the Indiana Court of Appeals examined an attorney’s duty to disclose a potential claim when completing a malpractice insurance renewal application—particularly when an attorney has a favorable judgment from a state’s intermediate appellate…

When Preparing Tax Returns Equals an Illegal Recommendation to Utilize Tax Shelters: The Limits of Professional Liability Coverage

Introduction Concurrent causation can be a tricky doctrine to apply, but nonetheless is important in determining whether professional liability insurance will cover a claim. Generally speaking, concurrent causation mandates coverage if two causes—one covered by a policy, the other excluded by a policy—contribute to a loss. But, this simple formulation is not as straightforward as…

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