Learn how to effectively use experts when prosecuting or defending a breach of fiduciary duty case.
Legal malpractice claims are on the rise. However, many practitioners blur the lines between a legal malpractice case and a breach of fiduciary duty case. These causes of action are unique and require different types of expert testimony. This ondemand webinar will help practitioners identify when they need an expert for a breach of fiduciary duty case and why that expert is needed. The ondemand webinar will also explain how expert testimony for a breach of fiduciary duty attorney case is different from a traditional malpractice case. This ondemand webinar is critical for all practitioners prosecuting or defending a breach of fiduciary duty attorney claim.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
How Does a Breach of Fiduciary Duty Claim Differ From a Legal Malpractice Claim?
- "Case Within a Case" Versus Violation of Ethical Obligation
- Failure of Loyalty to Client Rather Than Error in Representation
Use of Expert Testimony in a Malpractice Claim
- Establish Standard of Care
- Professional Negligence
- Causation
How to Use Expert Testimony in a Breach of Fiduciary Duty Claim
- Establish Ethical Breaches: Conflicts, Confidentiality, Loyalty
- Typically Does Not Involve Causation
- Codified Ethics Rules Are Not Self-Explanatory
- Avoid "Ultimate Issue"
When to Use Expert Testimony in a Breach of Fiduciary Duty Claim
- When the Duty Owed to the Client Is Not Obvious, Clear, or Palpable
- When Mandated by Statute
- To Rebut Claims
- To Explain Nuances of Ethical Obligations
- Remedies
Identifying and Retaining an Expert for a Fiduciary Duty Claim
- Different From Malpractice
- More Than Simply a Practicing Attorney
- Experience-Based Reliability
- Anticipate and Avoid Motions to Disqualify
- Does Not Create a Traditional Attorney-Client Relationship
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More Program Information
Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on October 22, 2014.
Call 1-866-352-9540 for further credit information.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Alanna Clair
Dentons
- Attorney at McKenna Long & Aldridge LLP in Washington, D.C.
- Practices in professional liability and law firm defense, as well as commercial litigation and insurance
- Co-wrote The Lawyer’s Handbook: Ethics Compliance and Claim Avoidance (2013), published by American Lawyer Media
- Frequent writer and lecturer on issues of attorney ethics, legal malpractice, and claim avoidance
- Capital Pro Bono Honor Roll, 2011, 2012 and 2013
- Graduate, Wellesley College and The University of Michigan Law School
- Can be contacted at [email protected]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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