Plenary Sessions
Bad Times, Busted Deals, Let’s Blame the Lawyers
Anatomy of a Financial Meltdown, Malpractice, and Third-Party Claims Case
When the deal goes south and players start making deals with prosecutors, attorneys become inviting deep-pocket targets for both malpractice and sweeping third-party claims that are hard to untangle and costly to defend. Join our expert panel in exploring a hypothetical “busted” deal where you will learn strategies for defending lawyers mired in these kinds of cases. The hypothetical will form the basis for other programs throughout the conference.
Edith Matthai, Managing Partner, Robie & Matthai, PC, Los Angeles, CA
Joseph W. Cotchett, Partner, Cotchett, Pitre & McCarthy, LLP, Burlingame, CA
William R. Friedrich, Partner, Farella Braun & Martel LLP, San Francisco, CA
Not Your Peers, But Your Judges: Jurors Tell All
When there’s plenty of blame to go around, how do jurors assign it, and how can lawyers avoid or reduce it? Based on the conference hypothetical, you will learn tips from our expert panel and hear from live jurors about the cognitive processes they follow, as well as how you can put your clients on the right defensive path.
Hon. Jon S. Tigar, Alameda County Superior Court, Oakland, CA
Bruce A. Broillet, Partner, Greene Broillet & Wheeler, LLP, Los Angeles, CA
Susan J. Harriman, Partner, Keker & Van Nest LLP, San Francisco, CA
Judy S. Rothschild, Ph.D., Trial/Jury Consultant, Davis, CA
The Last 60 Days Before Trial
Presenting the best legal malpractice defense means being ready to try the case with a battle-tested plan that gets your witnesses, evidence, and trial team in the right place at the right time. Learn from courtroom masters about the critical path through the last 60 days before trial, from the use of trial themes and focus groups, witness preparation, evidence organization, and courtroom technology, to the special concerns when the defendants are lawyers. This fast-paced program will bring these systematic strategies into sharp focus.
Brad D. Brian, Partner, Munger, Tolles & Olson LLP, Los Angeles, CA
Reiko Hasuike, Ph.D., Founding Partner, R & D Strategic Solutions LLC, Manhattan Beach, CA
Don Howarth, Partner and Co-founder, Howarth & Smith, Los Angeles, CA
Legal Malpractice Mediation by the Masters
The decisions you make in pursuing mediation affect the prospects for and value of a potential settlement. This program covers each stage in the mediation process and provides the tools for when and how to pursue mediation, sending the right message in papers or presentations, and strategies for the negotiating process. Our expert faculty offer insights unique to mediating legal malpractice claims, valuable tips for overcoming obstacles, and skills to actively use the mediator to the client’s advantage.
Joseph P. McMonigle, Partner, Long & Levit LLP, San Francisco, CA
Thomas V. Girardi, Partner, Girardi | Keese, Los Angeles, CA
Hon. Daniel Weinstein (Ret.), JAMS, San Francisco, CA
Thursday Luncheon Speaker
James J. Brosnahan, Senior Partner, Morrison & Foerster, San Francisco, CA
Jim Brosnahan has tried countless civil and criminal cases, and served clients ranging from major corporations to the so-called “American Taliban,” John Walker Lindh. Recognized as a lawyers’ lawyer, Mr. Brosnahan epitomizes professionalism as a champion for the underrepresented and an eloquent spokesman for the Rule of Law.
Breakout Sessions
Case Law Developments
Staying current on emerging case-law trends is critical to retaining your legal edge. Learn from a panel of experienced legal malpractice practitioners about the latest in case law developments and how these developments may influence your case evaluation and strategy when defending legal malpractice claims.
Edward S. Cheng, Partner, Sherin and Lodgen LLP, Boston, MA
Carey Menasco, Shareholder, Liskow & Lewis, LLP, New Orleans, LA
Gavin R. Villareal, Partner, Baker Botts LLP, Austin, TX
Firm Counsel Project Roundtable: “The Duty of Loyalty – Does the Oasis West Decision Change the Landscape?”
In May 2011 the California Supreme Court in Oasis West Realty v. Goldman held that a lawyer who had previously represented the plaintiff in seeking approval of a redevelopment project could be held liable for his involvement in a campaign to thwart the same project following termination of his representation. Should the court have relied upon a presumption that confidential client information was used by the defendant lawyer? What are the implications of the court’s emphasis on the lawyer’s failure to disclose personally-held views before accepting the plaintiff’s business originally? Join this panel as it considers these and other issues arising in this case and learn the implications for your own firms’ and lawyers’ activities and loss prevention efforts.
Rebecca Lamberth, Partner, Duane Morris LLP, Atlanta, GA
Storms in the Clouds: Internet-Based Technology
Lawyers, law firms, and legal departments are storing and accessing more and more information and data in “the cloud.” Many of us depend on and love the mobility that smartphones and wireless access provide. The convenience is great and the costs are very low, but there are daily news stories about security breaches. In the cloud, existing ethics rules and legislation don’t always work the way they were originally intended, leading to confusing and conflicting ethics opinions and all sorts of legal issues involving security and privacy, confidentiality and privilege, and unreasonable searches and seizures. Learn from our panel about how ethics and law intersect in the cloud.
Daniel Pinnington, Director, practicePRO, Lawyers’ Professional Indemnity Company, Toronto, ON
Robert E. Lutz, Professor of Law, Southwestern Law School, Los Angeles, CA
Lincoln Mead, IT Director, Utah State Bar, East Salt Lake City, UT
Daniel J. Siegel, Partner, Law Offices of Daniel J. Siegel LLC, Havertown, PA
Claims Trends: What’s Hot and What’s Not
In hard financial times, both disgruntled clients and third parties pursue ever-expanding and novel liability theories, from those based upon the Fair Debt Collection Practices Act, to aiding and abetting and derivative liability. At the same time, traditional liability theories continue to generate new claims with large damages. This program will highlight recent claims trends based on the latest case law developments.
Joan D’Ambrosio, Partner, Clyde & Co., San Francisco, CA
James R. Haug, Jr., Of Counsel, Downs Rachlin Martin PLLC, Burlington, VT
Christopher Piety, Vice President, Lawyers & Accountants Claims, Aspen Specialty Insurance,
San Francisco, CA
Top Tips, Tools, and Trends for LPL Litigators: 60 Tips in 60 Minutes
When handling professional liability matters, make sure your own knowledge and standards are up-to-speed with the latest trends and technologies. In this fast-paced session, our experienced panel of “tipsters” will share practical ideas and tips for getting things done better, faster, and cheaper. Topics will include software and hardware; gadgets; hot apps and websites; ethics and practice management; marketing; client service; and even malpractice claims prevention! There is something for everyone in this session. You will gain new insights and ideas on how you can work more effectively and efficiently.
Daniel Pinnington, Director, practicePRO, Lawyers’ Professional Indemnity Company, Toronto, ON
Lincoln Mead, IT Director, Utah State Bar, East Salt Lake City, UT
Catherine Sanders Reach, Director, American Bar Association Legal Technology Resource Center,
Chicago, IL
