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 attorney and a client sue without 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 attendee sat 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. Bestrating 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.