Legal Malpractice Archives

Risk Management Tip: Understanding Duties to Third Parties, Part 2

An attorney’s primary duty to a client is tempered by the overriding duty in all settings to be truthful. In the transactional setting there is no protection for attorneys from claims by non-clients when an attorney engages in affirmatively deceitful…

Legal Malpractice Corner: Risk Management Tip – SEC Reporting Rules Preempts California’s Attorney-Client Privilege

Over the past three months this column has reviewed attorney Sanford Walder’s trial victory over his former employer, Bio-Rad. Among other attorney-client privilege issues, the district court examined whether California law is preempted by regulations promulgated under the Sarbanes-Oxley Act.…