For the fifth consecutive
year, the Bar's Legal Malpractice Committee will
present a panel of speakers to address issues of
legal malpractice and strategies for avoidance in
"What Every Lawyer Should Know About Legal Malpractice,"
a reception and seminar on Thursday, Jan. 22 at
the Bar Center.
The program
begins with a hosted reception at 5 p.m. to announce
the new limited professional liability program recently
approved by the Bar's Board of Directors, and the
seminar will follow from 5:30 to 8:30 p.m.
Between
50 to 75 attorneys are anticipated to attend, according
to Timothy S. Noon and Kevin V. DeSantis, co-chairs
of the Bar's Legal Malpractice Committee.
"The Legal
Malpractice Committee gives an annual presentation
on legal malpractice avoidance for the general practitioner,
so this is really our marquee seminar for the year,"
said Noon, a partner with White, Noon & Oliver.
The seminar comes just prior to the compliance period
of Jan. 31, he noted.
"The
seminar is focused for the general practitioner
both early in the practice as well as experienced
lawyers," Noon said. In addition to brand new lawyers,
some of San Diego's most prominent attorneys who
have been in practice for 30-plus years have attended
this event in the past, he said.
The Committee
has faced a busy year, primarily negotiating policies
with the Bar, but also reviewing proposals from
the ABA and making recommendations on such to the
SDCBA Board of Directors.
"This
was a banner year for the Committee," Noon said.
"Getting the LPL program back in place was a major
accomplishment for the Committee this year."
The Committee
is extremely pleased with the new LPL policy and
its broker, Ahern Insurance, according to Noon.
"We think it's a great accomplishment," he said.
"We have the right broker - - a local broker who
is extremely qualified, has a well-staffed operation
and has put together a well-tailored program with
XL Capital to best serve the needs of the membership."
The seminar
includes the following speakers, starting with insurance
spokesman Brian Ahern of Ahern Insurance Brokerage,
who will talk about the new Bar insurance LPL program;
attorney Earl Maas will be speaking on claims and
anti- SLAPP suits; Daniel M. White will talk about
insurance coverage; and the attorney-client relationship
and conflicts of interest will be addressed by Kevin
DeSantis and Anton Gerschler. Steve Hogan will lead
a section focusing on how to be a good client if
you are sued for legal malpractice; and Steve Uribe
will explain case law and developments.
In addition
to serving as moderator, Noon will lead a discourse
on the topic of malicious prosecution, or what happens
when an any reasonable basis. "It is the No. 1 cause
of action in lawsuits against lawyers in California,"
Noon said. "It is a dangerous business."
Representatives
from professional liability carrier XL Capital will
also be talking to attendees at the seminar.
The
SDCBA Board of Directors approved the new LPL program
last month at the recommendation of the Bar's Legal
Malpractice Committee, which consists of malpractice
insurance specialists and lawyers with insurance
expertise. Available through locally owned and operated
Ahern Insurance Brokerage, the program became available
to SDCBA members earlier this month.
The
Bar-endorsed LPL policy makes it possible for individual
members of the Bar to purchase a high-quality professional
liability plan at group rates.
The policy includes a $500,000 to $5 million limit
per claim or annual policy period, with deductibles
as low as $5,000; a free retirement tail; input
on the selection of legal defense counsel (in the
event of a claim); a sublimit for disciplinary actions;
and risk management services. The professional liability
carrier, XL Capital, is one of the financially strongest
carriers in California with $40 billion in assets
and an A.M. Best rating of A+ (Superior).
The
SDCBA Legal Malpractice Committee holds monthly
meetings along with two or three seminars throughout
the
year. For more information call Noon, (619) 239-0300.