Legal Malpractice 101: Trends, Claims Process, and Strategies for Risk Management

Ronald C. Minkoff
Alejandro H. Cruz
Jordan P. Vick
Ronald C. Minkoff | Frankfurt Kurnit Klein & Selz PC
Alejandro H. Cruz | Patterson Belknap Webb & Tyler
Jordan P. Vick | ALAS
On-Demand: April 11, 2025

2 hour CLE

Tuition: $195.00
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Program Summary

Legal malpractice claims continue to evolve, posing significant risks for attorneys and law firms. This program will examine current trends in legal malpractice claims, highlighting common pitfalls that lead to litigation. Participants will gain insight into insurance for legal malpractice claims, including coverage considerations and best practices for securing protection. The session will also break down core concepts and claim elements, helping attorneys understand the legal standards and defenses in malpractice cases.

Attendees will learn strategies for navigating the claims process with insurance carriers, ensuring efficient handling and resolution of disputes. The discussion will also cover partnering for settlement or trial, outlining key collaboration strategies with insurers and defense counsel. Finally, the program will focus on staying out of trouble and mitigating risk, offering proactive steps attorneys can take to safeguard their practice and uphold ethical standards.

Key topics to be discussed:

  • Trends in legal malpractice claims
  • Insurance for legal malpractice claims
  • Legal malpractice: core concepts and claim elements
  • Navigating the claims process with insurance carriers
  • Partnering for settlement/trial
  • Staying out of trouble: mitigating risk

Closed-captioning available

Speakers

Ronald C. Minkoff_MyLawCLERonald C. Minkoff | Frankfurt Kurnit Klein & Selz PC

Ronald C. Minkoff is a partner in the Litigation Group and Chair of the Professional Responsibility Group. Mr. Minkoff is one of New York State’s leading practitioners in the field of attorney ethics and professional responsibility, representing attorneys in a wide variety of matters including law firm partnership agreements, attorney departures and lateral hires, attorney discipline cases, legal fee disputes and legal malpractice and professional liability cases on behalf of both plaintiffs and defendants. He also provides ethics opinions and advice to a wide variety of law firm clients. He often serves as an expert witness in legal malpractice lawsuits and attorneys’ fees disputes.

Mr. Minkoff is a member of several Bar Ethics Committees, including the Committee on Standards of Attorney Conduct (COSAC) and the Committee on Attorney Professionalism of the New York State Bar Association. He is also the Treasurer of the New York County Lawyers’ Association, Co-Chair of NYCLA’s Task Force on Professionalism, a member of the American Bar Association Standing Committee on the Delivery of Legal Services, and a past President of the Association of Professional Responsibility Lawyers.

He has written extensively for the New York Professional Responsibility Report, The Professional Lawyer, The New York Law Journal, and other publications. Mr. Minkoff is the former co-Managing Editor of the New York Legal Ethics Reporter and author of Lexology’s New York Professional Negligence Navigator. He has 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. He is a frequent lecturer on the law of lawyering.

In addition, Mr. Minkoff represents businesses and individual professionals and executives in a wide variety of commercial litigation, including business break-ups, securities lawsuits, and domestic and international trade disputes. He has over 30 years of experience representing law firm partners and law firms in partnership formations, partnership disputes, lateral transitions and law-firm dissolutions. And he represents an internationally known petrochemist in an oil and gas venture dispute.

Mr. Minkoff was a member of Chief Judge Lippman’s Task Force on Commercial Litigation in the 21st Century. He is on the Executive Committee of the New York State Bar Association. Mr. Minkoff was 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.” He is also recognized by Best Lawyers for his work in Commercial Litigation. He has been named a New York area “Super Lawyer” for Professional Liability: Defense Work and Business Litigation by Super Lawyers magazine for eighteen consecutive years.

 

Speaker_Alejandro H. CruzAlejandro H. Cruz | Patterson Belknap Webb & Tyler

Alejandro Cruz is a Partner in Patterson Belknap’s Litigation department. Mr. Cruz represents clients in complex commercial litigation, as well as in arbitrations, mediations, and investigations. His practice includes representing law firms and lawyers accused of legal malpractice, companies accused of antitrust violations, and financial institutions in a broad range of litigation, as well as disputes involving transactions and ownership of fine art. Mr. Cruz also defends clients in government investigations by federal and state agencies, as well as representing boards of directors and board committees of public companies in investigations and shareholder disputes.

In addition, as a member of the firm’s Privacy and Data Security group, Mr. Cruz advises clients on a wide array of cybersecurity and privacy issues, including incident response, ransomware, regulatory compliance, and risk mitigation. In 2020, the New York Law Journal named Mr. Cruz a “Rising Star,” a designation recognizing “the region’s most promising lawyers ages 40 and under.” In 2024, Benchmark Litigation recognized Mr. Cruz as a “Future Star” for New York in Euromoney Institutional Investor PLC’s Guide.

Mr. Cruz also maintains an active pro bono practice, including federal civil rights litigation involving the First, Eighth, and Fourteenth Amendments, the Individuals with Disabilities in Education Act, the Americans with Disabilities Act, and the Religious Land Use and Institutionalized Persons Act, as well as defending eviction proceedings and other housing disputes. In 2016, Mr. Cruz received the Brooklyn Bar Association Volunteer Lawyers Project’s Champion of Justice Award for his commitment to pro bono service.

Mr. Cruz is a member of the board of directors of Legal Services of the Hudson Valley, a nonprofit legal services organization that provides support, advocacy, and high quality civil legal representation to poor and low-income families and individuals in New York state. He also sits on the board of directors of White Plains Hospital and the Hudson River School of Music, as well as the board of advisors for the Dartmouth College Center for Social Impact.

Prior to joining the firm, Mr. Cruz served as a 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, and prior to that practiced at a New York law firm. He received his J.D. from the University of Virginia School of Law and his A.B., cum laude, from Dartmouth College.

 

Speaker_Jordan P. VickJordan P. Vick | ALAS

As Senior Claims Counsel, Jordan Vick manages all aspects of members’ claims, including assessing, reserving, and resolving claims against our member firms.

Jordan works cooperatively with member firms and defense counsel to defend and resolve claims arising under our lawyer professional liability, employment liability, and management liability coverages. In her role, Jordan gauges risk, evaluates liability, and creates and executes effective litigation strategies. She has negotiated numerous favorable settlements resolving complex lawsuits and claims against ALAS assureds. Jordan also advises member firms on ways to minimize claims, resolve conflicts, and manage internal and external law firm risks.

Prior to joining ALAS, Jordan was a partner in the commercial litigation department of Seyfarth Shaw LLP’s Chicago office and served on the firm’s leadership development committee, which oversees the development of partner-track associates. In private practice, Jordan focused on the defense of consumer class actions and other complex commercial disputes, including those involving business torts, breach of contract, breach of fiduciary duty, restrictive covenants, and trade secrets.

From 2008 to 2010, Jordan served as a judicial clerk to the Honorable Joan H. Lefkow, a United States District Judge for the Northern District of Illinois. She is also a past president of the Chicago chapter of the Federal Bar Association and continues to serve on its Board of Directors.

Jordan lives with two kids, two huge dogs, two huge cats, one husband, and one grandma. She enjoys traveling, trying new restaurants, cooking, baking, stand-up comedy, football, and doing jigsaw puzzles.

Agenda

I. Trends in legal malpractice claims | 1:00pm – 1:20pm

  • Recent trends in types of claims, size of claims, nature of allegations, etc

II. Insurance for legal malpractice claims | 1:20pm – 1:40pm

  • Understanding malpractice insurance coverage

III. Legal malpractice: core concepts and claim elements | 1:40pm – 2:00pm

  • Key elements of a malpractice claim, and breakdown of related issues

Break | 2:00pm – 2:10pm

IV. Navigating the claims process with insurance carriers | 2:10pm – 2:30pm

  • Importance of notice and communication

V. Partnering for settlement/trial | 2:30pm – 2:50pm

  • How to partner with an insurer for settlement or trial

VI. Staying out of trouble: mitigating risk | 2:50pm – 3:10pm

Credits

Alaska

Approved for CLE Credits
2 Ethics

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for Self-Study Credits
2 Ethics

Arkansas

Approved for CLE Credits
2 Ethics

Arizona

Approved for CLE Credits
2 Professional Responsibility/Ethics

California

Approved for CLE Credits
2 Civility in the Legal Profession

Colorado

Pending CLE Approval
2 Ethics / Professionalism

Connecticut

Approved for CLE Credits
2 Ethics / Professionalism

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 Enhanced Ethics

Florida

Approved via Attorney Submission
2.5 Professionalism Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 Professionalism

Hawaii

Approved for CLE Credits
2.4 Ethics or Professional Responsibility Education

Iowa

Pending CLE Approval
2 Ethics

Idaho

Pending CLE Approval
2 Ethics / Professionalism

Illinois

Approved for CLE Credits
2 Ethics, Civility, Professionalism

Indiana

Pending CLE Approval
2 Ethics

Kansas

Pending CLE Approval
2 Ethics / Professionalism

Kentucky

Pending CLE Approval
2 Ethics

Louisiana

Pending CLE Approval
2 Professionalism

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 Ethics / Professionalism

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for Self-Study Credits
2.4 Ethics

Mississippi

Pending CLE Approval
2 Other (Professional Responsibilty)

Montana

Pending CLE Approval
2 Professional Fitness and Integrity

North Carolina

Pending CLE Approval
2 Professionalism

North Dakota

Approved for CLE Credits
2 Ethics

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 Professional Responsibility

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 Ethics / Professionalism minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 Ethics / Professionalism

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 Ethics / Professionalism

Nevada

Pending CLE Approval
2 Ethics / Professionalism

New York

Approved for CLE Credits
2.4 Ethics / Professionalism

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 Professional Conduct

Oklahoma

Pending CLE Approval
2.5 Ethics / Professionalism

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 Ethics / Professionalism

Rhode Island

Pending CLE Approval
2.5 Ethics / Professionalism

South Carolina

Pending CLE Approval
2 Ethics / Professionalism

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Approved for Self-Study Credits
2 Dual

Texas

Approved for Self-Study Credits
2 Ethics / Professionalism

Utah

Pending CLE Approval
2 Professionalism & Civility

Virginia

Not Eligible
2 Ethics / Professionalism Hours

Vermont

Approved for CLE Credits
2 Ethics

Washington

Approved via Attorney Submission
2 Other (Professional Development) Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2.4 Ethics / Professionalism

Wyoming

Approved for Self-Study Credits
2 Ethics / Professionalism

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