SlipperySign_TS-152948541My wife recently slipped on the ice outside our home and fractured a bone in her elbow, which required surgery. We are advised it was a success, though she will need to be in a cast for eight to ten weeks, disrupting our household in many ways. I have advised clients, co-workers and adversaries of her injury and all of them have expressed sympathies and replied that I should understand my priorities and take care of her. While I have been comforted by their words of kindness and have attempted to follow their advice, there are only so many hours in a day. My practice of law still goes on with litigation deadlines, client expectations, settlement negotiations, and pending travel plans for work that have created additional stress and anxiety. So far, I have been able to balance all these demands and, when appropriate, obtained help from other lawyers within the firm or extensions of time as warranted from adversaries.
Continue Reading When Life Gets in the Way

I often speak to groups of professionals on how to avoid errors and omissions claims. When I started making such presentations more than 30 years ago, I would hold up a piece of notebook paper and explain that it was a professional’s “best friend” when it comes to avoiding future problems. A memo of a conversation with a client detailing and confirming the services that can (or can’t) be delivered and the realistic outcomes that can (or can’t) result from those services may provide the best defense when a client complains. This is only true to a point. Sometimes, written communications provide a client with ammunition for a claim of negligence.
Continue Reading OH GOOD – I WROTE IT DOWN! OH NO – I WROTE IT DOWN!?!