OAMIC Resources

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Know the Risks: Being On Your Client’s Board of Directors

It can be very gratifying, both personally and monetarily, to be asked to serve on a client’s board of directors. It is also easy to understand why a client might make the request. The attorney may have worked closely with the company’s founders to create the business and will likely have a solid grasp of […]

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Office Sharing and Avoiding the Risk of a Malpractice Claim

With the combined expense of actual office space, staff and equipment, many lawyers choose to enter into an office sharing arrangement as an economical way to hang out their shingle. Although there may be initial cost-saving benefits, there are disadvantages to sharing offices with other professionals, such as increased exposure to bar grievances or malpractice […]

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Avert Controversies With an Engagement Letter

One of the best instruments for an attorney to protect himself or herself from a malpractice lawsuit is a well-drafted engagement letter. The engagement letter is frequently disregarded by attorneys – instead, the attorney opts to just engage in a verbal agreement. However, a written engagement letter can be critical to both preventing and defending […]

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What to Consider When Your Client May Have a Diminished Capacity

When OAMIC receives a claim involving an estate, whether that is a trust document or a will, the issue often is was the client competent at the time the estate document was executed? The lawyer should be careful to fulfill continuing commitments to the client both to represent their interest and, in some situations, to seek […]

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Claims: Not If but When

The thought of a legal malpractice claim is stressful and unnerving. The truth is, however, lawyers should expect two to three claims in their careers, according to the American Bar Association. It’s not usually a matter of “if” it will happen – but “when.” Even if the claim doesn’t have any merit whatsoever, it still requires attention. […]

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RECENT CLAIMS: Wire Transfer Scams

Lately, we’ve had a series of insureds who have called us because they have fallen victim to a wire transfer scam. Read below to learn about the most common scenario we see, what you should look for to prevent becoming a victim, and coverage information. Scenario Attorneys are an easy target for wire transfer scams […]

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What Legal Malpractice Is… And What It’s Not

It’s a myth that only bad lawyers have malpractice claims. In fact, the American Bar Association estimates that each attorney can expect 2-3 claims in their career. But what exactly does a legal malpractice claim entail? Let’s discuss. 5 things they must prove The claimant/plaintiff must prove the following to establish a legal malpractice claim: […]

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What Exactly Is Tail Coverage and How to Know If You Need It

Tail coverage, formally called an extended reporting endorsement, is often the final piece of your legal malpractice insurance. It is used for events like retirement, disability, leaving private practice or even death. Since legal malpractice is a claims-made policy, continuity of coverage is extremely important – and this importance doesn’t end when your circumstances change. […]

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