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Spring 2010, Vol. XX No. 1 |
Special Issue |
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This special issue of the newsletter alerts AIM members of fraudulent
e-mail schemes intended to steal attorneys trust account funds.
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Fall 2009, Vol. XIX No. 1 |
Special Issue |
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This special issue of the newsletter alerts the AIM members of the Malpractice Traps Caused by Budgetary Shortfalls in Jefferson County.
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Fall 2008, Vol. XVIII, No. 2 |
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Some of the most common errors resulting in malpractice claims
are the simplest to identify and prevent. "Administrative errors" are basically
clerical mistakes, such as miscalendaring the statute of limitations, missing a
filing deadline for appointment of expert witnesses or poor record-
keeping that results in loss of client documents and material
evidence.
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If you have a client using a durable power of attorney beware of
Ala. Code 1975, § 26-1-2(g)(3). This little known subsection
provides that authority given to a spouse under a durable power of
attorney is revoked under a number of circumstances. More... |
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Q. Before I insured with AIM, I noticed
that the cost of my policy with a commercial insurance company
changed from year-to-year, higher in some years and lower in others.
Why does the cost of my AIM policy not decrease in some years? A.
AIM maintains competitive and stable
premium rates. Absent a change in the nature of your practice, size
of your firm, or your being an attorney in practice less than five
years, most AIM insureds' premium rates remain stable.
More... |
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Summer 2008, Vol. XVIII, No. 1 |
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Becoming involved in a client's entrepreneurial activities is
"risky business." The lawyer's acquisition of any pecuniary interest as an owner must be
A fair and reasonable to the client,@
and requires the client's written consent after full disclosure and
the opportunity to seek independent legal advice.
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Acts, errors and omissions giving rise to claims are not limited to
those committed by you as the attorney handling your client's case,
your partners, fellow shareholder or associates. Staff members can
and do cause claims.
More... |
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Q. What are the consequences of gaps in coverage under "claims-made" policies?
A. There is no coverage if a suit is filed against the
attorney while the policy has lapsed.
More... |
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Fall 2007, Vol. XVII, No. 2 |
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Even though a divorce decree operates as a revocation of a will,
insofar as it benefits the former spouse, executing a new will is
important for many reasons: First, it is necessary to provide an
alternate disposition of property now that the spouse (who is
generally the primary beneficiary under a prior will) has been
removed.
More... |
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Q.
Do engagement letters help in the defense of a malpractice claim?
A. Using engagement letters can be crucial to
malpractice avoidance. Legal malpractice claims can be successfully
defended when production of an engagement letter can establish the
defined and limited responsibilities of a lawyer to a client.
More... |
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Winter 2007, Vol. XVII, No. 1 |
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Uninsured/Underinsured motorist coverage provides an additional
source of compensation for an injured plaintiff when the tortfeasor
either has no insurance, or the limits of his or her insurance are
inadequate to fully compensate the insured plaintiff. There are
numerous issues that arise when dealing with a UM/UIM claim that
must be addressed on a case by case basis.
More... |
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Q. What exposure does office sharing present to my malpractice
insurer? A. A concern arises when office sharers are
perceived by the public as practicing as a partnership or
corporation. If they are held to be a "defacto partnership," office
sharers may be held vicariously liable for the acts of each other.
More... |
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Fall 2006, Vol. XVI, No. 2 |
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Q. If I am a retiring sole practitioner, what are my extended
reporting A
tail@ coverage
options?
A. Once you cancel or terminate your policy, you are no longer
covered for any claims that were not reported even if the alleged
claim occurred
More... |
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Allied Williams Companies, Inc. v. Davis,
901 So. 2d 696 (Ala. 2004), involved efforts by non-signatories
to an arbitration agreement to compel arbitration
.More... |
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Winter 2006, Vol. XVI, No. 1 |
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Q. If my firm forms an LLC can an individual attorney be
insured separately?
A. No. As in the case of a partnership, professional
corporation, or solo P. C's practicing as a firm, all attorneys must be
insured.
More...
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AIM= s policy of insurance
requires that reporting of claims must be made in writing. Some
insureds provide first notice of claims to AIM via certified mail.
More... |
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Once litigation has been initiated against your
client the first thing you must do is to verify that your client's activities with respect to the allegations contained in the
complaint constitute "debt collection" as
defined under '803(6)
of the FDCPA.
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Fall 2005, Vol XV, No. 2 |
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The Bankruptcy Abuse Consumer
Protection Act of 2005 was passed by Congress and signed into law by
President Bush earlier this year. Amendments to the U.S. Bankruptcy
Code place additional responsibility on attorneys representing
debtors.
More... |
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Q. Why is it necessary to
complete an application each year?
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Spring 2005, Vol XV, No. 1 |
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The best advice I could give about bankruptcy practice would be to
refrain from “dabbling in bankruptcy.”
More... |
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Plaintiff's attorneys who represent clients with causes of action
arising out of vehicular collisions in Tennessee need to be aware
that Tennessee has a one year statute of limitations governing such
actions.
More... |
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Settling cases can involve information and instructions scattered
throughout a file. To be able to quickly discuss settlement with
opposing counsel, . . .consider using a “settlement” chart ..
More... |
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Q. If an attorney leaves my firm mid-term during the policy
period, will AIM give me a pro rata refund of the policy premium
attributable to the attorney who left?
More... |
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Spring 2004,Vol. XIV, No. 1
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The clock for the 42 days to file the notice of appeal starts to run from the
entry of the trial court's order on
the post-judgment motions.
More... |
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Q. How does a firm determine if it has adequate limits of liability?
More... |
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Fall 2003, Vol. XIII, No. 1
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The Fair Debt Collections Practices Act, "FDCPA" or
the "Act," is federal law codified at 15 U.S.C. 1692 et seq., that
regulates the collection of consumer debts by third-party debt collectors.
More..... |
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Q. Does AIM's policy
provide coverage when an insured is performing legal services for a family owned
business?
More..
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While AIM continues to remain a source of stable pricing and
availability for its insureds, large numbers of Alabama attorneys and law firms
who relied on commercial malpractice insurance are facing rate increases or
losing their coverage altogether.
More...
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