Report

Legal Malpractice

 
Most lawyers who are sued for legal malpractice feel like the police officer convicted of a crime. Like the police, lawyers tend to view themselves as the ones who solve problems, undo mistakes, and provide comfort and security to clients who usually are distressed. When the tables are turned, awkward does not even begin to describe the situation. Almost all lawyers who become defendants use terms like “agony,” “hell,” and “a lot of sleepless nights.” Most lawyers take being sued about twice as hard as the average citizen. After all, cops are not supposed to go to jail. Like most things in life, in the arena of legal malpractice an ounce of prevention is worth a pound of cure. With that objective in mind, the following are thirteen tips lawyers can follow to avoid legal malpractice claims or to enhance their chances of success should a claim be filed.

Agenda

Faculty

Matthew L Lalli

Matthew L Lalli

Snell & Wilmer

Matt Lalli is a trial and litigation attorney who has tried dozens of cases in courts and arbitration tribunals in Utah, California, and throughout the United States. He is the litigation practice group leader in Salt Lake City, a member of the firm’s ethics committee, and loss prevention counsel to the firm.

Representative Experience

Securities and Business Fraud Defense

From his earliest days as a lawyer, Matt has represented companies and individuals in securities fraud class actions involving the issuance of public and private securities under federal and state securities laws. Matt also represents individuals under investigation or subpoena by the Securities and Exchange Commission and state counterparts. He represents defendants against allegations of insider trading, registration and regulatory violations, perpetration of Ponzi schemes, and RICO and racketeering participation.

Corporate and Partnership Control Disputes

For corporations, limited liability companies, partnerships and intra-family disputes, Matt represents clients involved in struggles for control assets, shares and voting rights. This representation includes advancing or defending claims regarding fiduciary duties, operating and partnership agreements, dissolutions, non-competition and non-solicitation, and corporate waste.

Professional Liability

Matt represents attorneys, accountants, directors and officers, and other professionals in claims involving malpractice, breach of contract, breach of fiduciary duty, aiding and abetting and negligence. In the area of legal malpractice in particular, Matt has been honored to be among the Best Lawyers in America for legal malpractice defense for a number of years. He has represented lawyers from large firms, small firms, and everything in between.

Contracts

Matt represents clients in all types of contract disputes, including partnership agreements, operating agreements, non-competition and non-solicitation, insurance, real estate and subscription agreements. His clients participate in a wide variety of industries, including energy and natural resources, network marketing and multi-level marketing, real estate development, insurance, manufacturing and distribution, and health and nutrition.

Insurance

In addition to defending a variety of insureds under insurance policies for professional liability, errors and omissions, comprehensive general liability, property, and title insurance, Matt also has represented insurers in coverage disputes and claims of bad faith liability. From time to time, Matt also represents insureds in coverage disputes with their insurers.

Real Estate and Construction

Matt represents project owners, developers and contractors in real estate and construction disputes. The projects in which he has represented clients range from condominium-hotel developments with thousands of units to small condominium developments with as few as 20 units. Matt has represented real estate agents and brokerage companies, developers of luxury resort properties, residential subdivision properties and owners involved in disputes with contractors.

Financial Services

Matt has represented several financial institutions when sued by customers and non-customers for alleged involvement in various types of fraud, including Ponzi schemes, leased funds schemes and employee misconduct.

Class Actions

Matt has represented companies and individuals in class action matters involving the federal and state securities laws, various consumer statutes and large scale real estate developments.

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