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2025-04-11 13:00:00

2 Credits

Master the essentials of legal malpractice claims, from proving core elements to navigating insurance and mitigating professional liability risks.

2025-04-11 13:00:00

Master the essentials of legal malpractice claims, from proving core elements to navigating insurance and mitigating professional liability risks.

2025-04-11 13:00:00

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Course Overview

Navigating Legal Malpractice Claims and Prevention

Participants will master the essential elements of legal malpractice claims, insurance considerations, and risk mitigation strategies. These skills enable attorneys to protect their practice while effectively managing claims.

Key topics that will be covered

What will you learn

Attorneys will learn the three essential elements of legal malpractice claims—negligence, proximate causation, and actual ascertainable damages—plus current trends and insurance considerations.

What will you gain

Attorneys will gain practical strategies for navigating the claims process, working with insurance carriers, and mitigating risk through proper client intake.

Claim Elements
Legal malpractice requires proof of negligence, proximate causation, and actual damages.
Causation Challenges
Proximate causation is the hardest element, requiring case-within-a-case proof in litigation.
Insurance Essentials
Malpractice insurance provides defense costs, carrier expertise, and strategic claim management support.
Claims Process
Report claims promptly to carriers and maintain open communication throughout the process.
Tolling Agreements
Keep tolling agreements short with end dates and no admission of liability.
Risk Mitigation
Recognize problematic client warning signs and stay within your areas of competence.

What will you learn

Attorneys will learn the three essential elements of legal malpractice claims—negligence, proximate causation, and actual ascertainable damages—plus current trends and insurance considerations.

What will you gain

Attorneys will gain practical strategies for navigating the claims process, working with insurance carriers, and mitigating risk through proper client intake.

Agenda

Session 1

Current Trends in Legal Malpractice Claims

Session 2

Understanding Legal Malpractice Insurance Coverage Essentials

Session 3

Core Concepts and Elements of Malpractice Claims

Session 4

Navigating Claims Process with Insurance Carriers

Session 5

Partnering with Insurers for Settlement and Trial

Session 6

Mitigating Risk and Staying Out of Trouble

clock 1:00 pm - 1:20 pm EST

Current Trends in Legal Malpractice Claims

Ronald C. Minkoff

Frankfurt Kurnit Klein & Selz PC

Alejandro H. Cruz

Patterson Belknap Webb & Tyler

Jordan P. Vick

ALAS

This session examines recent patterns in legal malpractice claims, including high-severity practice areas like litigation and transactional work. We’ll explore common allegations, the rise in trust and estate claims, and the critical issue of unworthy clients who represent a significant source of claims.

Ronald C. Minkoff

Frankfurt Kurnit Klein & Selz PC

Alejandro H. Cruz

Patterson Belknap Webb & Tyler

Jordan P. Vick

ALAS

clock 1:20 pm - 1:40 pm EST

Understanding Legal Malpractice Insurance Coverage Essentials

Ronald C. Minkoff

Frankfurt Kurnit Klein & Selz PC

Alejandro H. Cruz

Patterson Belknap Webb & Tyler

Jordan P. Vick

ALAS

Learn why malpractice insurance is essential for mitigating unexpected losses and accessing carrier expertise. This session debunks the myth of ‘going bare’ and covers additional considerations including cyber and employment insurance.

Ronald C. Minkoff

Frankfurt Kurnit Klein & Selz PC

Alejandro H. Cruz

Patterson Belknap Webb & Tyler

Jordan P. Vick

ALAS

clock 1:40 pm - 2:00 pm EST

Core Concepts and Elements of Malpractice Claims

Ronald C. Minkoff

Frankfurt Kurnit Klein & Selz PC

Alejandro H. Cruz

Patterson Belknap Webb & Tyler

Jordan P. Vick

ALAS

Master the three essential elements of legal malpractice: negligence, proximate causation, and actual ascertainable damages. We’ll examine the standard of care, the role of expert testimony, and why proximate causation is called the ‘Mount Everest’ of malpractice claims.

Ronald C. Minkoff

Frankfurt Kurnit Klein & Selz PC

Alejandro H. Cruz

Patterson Belknap Webb & Tyler

Jordan P. Vick

ALAS

clock 2:10 pm - 2:30 pm EST

Navigating Claims Process with Insurance Carriers

Ronald C. Minkoff

Frankfurt Kurnit Klein & Selz PC

Alejandro H. Cruz

Patterson Belknap Webb & Tyler

Jordan P. Vick

ALAS

Discover critical reporting requirements and the distinction between circumstances and claims when notifying your carrier. This session covers working with defense counsel, managing reports and budgets, and best practices for structuring tolling agreements.

Ronald C. Minkoff

Frankfurt Kurnit Klein & Selz PC

Alejandro H. Cruz

Patterson Belknap Webb & Tyler

Jordan P. Vick

ALAS

clock 2:30 pm - 2:50 pm EST

Partnering with Insurers for Settlement and Trial

Ronald C. Minkoff

Frankfurt Kurnit Klein & Selz PC

Alejandro H. Cruz

Patterson Belknap Webb & Tyler

Jordan P. Vick

ALAS

Explore how carriers serve as valuable resources during settlement negotiations and mediator selection. Learn about the strategic importance of mock trials and witness coaching, particularly for lawyer witnesses who may need help presenting effectively to skeptical juries.

Ronald C. Minkoff

Frankfurt Kurnit Klein & Selz PC

Alejandro H. Cruz

Patterson Belknap Webb & Tyler

Jordan P. Vick

ALAS

clock 2:50 pm - 3:10 pm EST

Mitigating Risk and Staying Out of Trouble

Ronald C. Minkoff

Frankfurt Kurnit Klein & Selz PC

Alejandro H. Cruz

Patterson Belknap Webb & Tyler

Jordan P. Vick

ALAS

Focus on practical strategies for avoiding malpractice exposure, including maintaining competence and avoiding ‘dabbling’ outside your expertise. We’ll discuss the importance of clear scope of representation, robust conflict checking, and recognizing warning signs of problematic clients.

Ronald C. Minkoff

Frankfurt Kurnit Klein & Selz PC

Alejandro H. Cruz

Patterson Belknap Webb & Tyler

Jordan P. Vick

ALAS

01 06
Prev
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speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Ronald C. Minkoff

Frankfurt Kurnit Klein & Selz PC

Alejandro H. Cruz

Patterson Belknap Webb & Tyler

Jordan P. Vick

ALAS

Ronald C. Minkoff

Frankfurt Kurnit Klein & Selz PC

Ronald C. Minkoff is a partner in the Litigation Group and Chair of the Professional Responsibility Group, recognized as one of New York State’s leading practitioners in attorney ethics and professional responsibility, representing attorneys in partnership agreements, discipline cases, legal fee disputes, and malpractice cases.

Education & Credentials

Taught Professional Responsibility at Columbia University School of Law, New York University School of Law, Fordham Law School, Brooklyn Law School and Benjamin N. Cardozo School of Law.

Recognition & Leadership

Named Best Lawyers in America's 2019 'Lawyer of the Year' in Legal Malpractice Law - Defendants and 2011 and 2024 'New York Ethics and Professional Responsibility Lawyer of the Year.' Recognized by Best Lawyers for Commercial Litigation. Named a New York area 'Super Lawyer' for Professional Liability: Defense Work and Business Litigation by Super Lawyers magazine for eighteen consecutive years.

Professional Involvement

Member of Committee on Standards of Attorney Conduct (COSAC) and Committee on Attorney Professionalism of the New York State Bar Association. Treasurer of the New York County Lawyers' Association. Co-Chair of NYCLA's Task Force on Professionalism. Member of American Bar Association Standing Committee on the Delivery of Legal Services. Past President of the Association of Professional Responsibility Lawyers. Member of Chief Judge Lippman's Task Force on Commercial Litigation in the 21st Century. On the Executive Committee of the New York State Bar Association.

Experience

Over 30 years of experience representing law firm partners and law firms in partnership formations, partnership disputes, lateral transitions and law-firm dissolutions. Represents businesses and individual professionals in commercial litigation including business break-ups, securities lawsuits, and domestic and international trade disputes. Serves as expert witness in legal malpractice lawsuits and attorneys' fees disputes. Former co-Managing Editor of the New York Legal Ethics Reporter and author of Lexology's New York Professional Negligence Navigator.

Ronald C. Minkoff

Frankfurt Kurnit Klein & Selz PC

Ronald C. Minkoff is a partner in the Litigation Group and Chair of the Professional Responsibility Group, recognized as one of New York State’s leading practitioners in attorney ethics and professional responsibility, representing attorneys in partnership agreements, discipline cases, legal fee disputes, and malpractice cases.

Education & Credentials

Taught Professional Responsibility at Columbia University School of Law, New York University School of Law, Fordham Law School, Brooklyn Law School and Benjamin N. Cardozo School of Law.

Recognition & Leadership

Named Best Lawyers in America's 2019 'Lawyer of the Year' in Legal Malpractice Law - Defendants and 2011 and 2024 'New York Ethics and Professional Responsibility Lawyer of the Year.' Recognized by Best Lawyers for Commercial Litigation. Named a New York area 'Super Lawyer' for Professional Liability: Defense Work and Business Litigation by Super Lawyers magazine for eighteen consecutive years.

Professional Involvement

Member of Committee on Standards of Attorney Conduct (COSAC) and Committee on Attorney Professionalism of the New York State Bar Association. Treasurer of the New York County Lawyers' Association. Co-Chair of NYCLA's Task Force on Professionalism. Member of American Bar Association Standing Committee on the Delivery of Legal Services. Past President of the Association of Professional Responsibility Lawyers. Member of Chief Judge Lippman's Task Force on Commercial Litigation in the 21st Century. On the Executive Committee of the New York State Bar Association.

Experience

Over 30 years of experience representing law firm partners and law firms in partnership formations, partnership disputes, lateral transitions and law-firm dissolutions. Represents businesses and individual professionals in commercial litigation including business break-ups, securities lawsuits, and domestic and international trade disputes. Serves as expert witness in legal malpractice lawsuits and attorneys' fees disputes. Former co-Managing Editor of the New York Legal Ethics Reporter and author of Lexology's New York Professional Negligence Navigator.

Alejandro H. Cruz

Patterson Belknap Webb & Tyler

Alejandro Cruz is a Partner in Patterson Belknap’s Litigation department representing clients in complex commercial litigation, arbitrations, mediations, and investigations, with expertise in legal malpractice defense, antitrust matters, financial institution litigation, fine art disputes, and cybersecurity and privacy issues.

Education & Credentials

J.D. from the University of Virginia School of Law; A.B., cum laude, from Dartmouth College.

Recognition & Leadership

Named a 'Rising Star' by the New York Law Journal in 2020 recognizing the region's most promising lawyers ages 40 and under. Recognized as a 'Future Star' for New York by Benchmark Litigation in 2024. Received the Brooklyn Bar Association Volunteer Lawyers Project's Champion of Justice Award in 2016 for commitment to pro bono service.

Professional Involvement

Member of the board of directors of Legal Services of the Hudson Valley, White Plains Hospital, and the Hudson River School of Music. Sits on the board of advisors for the Dartmouth College Center for Social Impact. Maintains active pro bono practice including federal civil rights litigation involving the First, Eighth, and Fourteenth Amendments, IDEA, ADA, and RLUIPA, as well as defending eviction proceedings and housing disputes.

Experience

Served as law clerk to the Honorable Eric N. Vitaliano of the United States District Court for the Eastern District of New York from 2011 to 2012. Prior practice at a New York law firm before joining Patterson Belknap. Member of the firm's Privacy and Data Security group advising on cybersecurity, incident response, ransomware, regulatory compliance, and risk mitigation.

Jordan P. Vick

ALAS

Jordan Vick is Senior Claims Counsel at ALAS, managing all aspects of members’ claims including assessing, reserving, and resolving claims against member firms under lawyer professional liability, employment liability, and management liability coverages.

Professional Involvement

Past president of the Chicago chapter of the Federal Bar Association and continues to serve on its Board of Directors.

Experience

Prior to joining ALAS, was a partner in the commercial litigation department of Seyfarth Shaw LLP's Chicago office and served on the firm's leadership development committee. Focused on defense of consumer class actions and complex commercial disputes involving business torts, breach of contract, breach of fiduciary duty, restrictive covenants, and trade secrets. Served as judicial clerk to the Honorable Joan H. Lefkow, United States District Judge for the Northern District of Illinois from 2008 to 2010.

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