Criminal Malpractice Lawsuits May Be Fewer, but No Less Costly
Criminal defense malpractice lawsuits are not common and are significantly different from civil cases when proving malpractice. Apart from the difficulty involved in proving ineffective assistance of counsel, the plaintiff must first overturn the criminal conviction before pursuing the malpractice lawsuit. There is a huge burden of proof on the plaintiff to demonstrate they would […]
Read MoreAvert 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 […]
Read MoreBe Ready With a Disaster Plan
If the last year has taught us anything, it’s to expect the unexpected. Just in Oklahoma, the past several months have been a wild ride when it comes to weather-related phenomena. Ice storms, snowstorms, late-season tornadoes – we’ve seen it all over the last six months. Plus, our regular tornado season and our roller-coaster spring […]
Read MoreWhat 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 […]
Read MoreClaims and Errors Trends: What You Should Know
Below is information compiled from OAMIC’s claim data from 2009-2019 regarding common errors and claims. This information was originally prepared as part of the materials for the recent continuing education program Tales From the Trenches, but we’ve made it available here because everyone in Oklahoma’s legal community can benefit from knowing about claims in our […]
Read MoreStatute of Limitations and the Oklahoma Governmental Tort Claims Act
Every year, it seems we have at least one claim that is the failure to provide timely notice under the Oklahoma Governmental Tort Claims Act, 51 O.S. §151 et seq. Usually, we see this problem in the context of a claim against a medical provider, such as an ambulance service or even a hospital. By […]
Read MorePHIL’S CORNER: Impact of COVID-19 on LPL Claims – If Any
Phil’s Corner is a special column from OAMIC’s President & CEO Phil Fraim that is sent in our e-newsletter each month. So far in 2020, claims in our office have been improved both in the number of new matters and the average size of those matters. Is this a false sense of security, the calm […]
Read MoreRemote Work: Risk Management in the Remote Work Environment
The novel COVID-19 pandemic has created new working conditions for most of us. How we work and how we interact with each other has drastically changed over the past months. With new territories comes increased risk, some known and other risks are still unknown. Therefore, it is vital that lawyers continue to take precautions to […]
Read MoreRemote Work: Productivity and Mental Health Tips
Even as offices reopen, especially as COVID-19 cases continue to fluctuate across the country, many companies have adopted more flexible work from home policies, allowing employees to work outside the office more frequently and sometimes even on a regular schedule. Working from home comes with distractions like children, spouses, pets and access to TV and […]
Read MoreTips for Returning to the Office
Being back to the office, like from an extended work-from-home period, can be tough. Even those who kept a strict routine while working remotely might find it hard to get back to work in a traditional sense – you may have gotten out of bed, dressed and to your home office by 9, but you […]
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