updated: October 9, 2008
Boston Bar Association
       
   

Previous Events & CLE Programs

October 1, 2008
Committee Meeting

Applying the Loss of Chance Doctrine to MA Medical Malpractice

Please join Russell X. Pollock, Campbell, Campbell, Edwards & Conroy, and Edward Mahoney, Martin, Magnuson, McCarthy & Kenney, for a discussion on the Loss of Chance Doctrine and its applicability to Massachusetts medical malpractice litigation. Pollock will present the doctrine from the plaintiff’s perspective, and Mahoney will share the view from the defense bar. Don’t miss this "must see" event!


May 13, 2008
CLE Program

Ethical Challenges in Bringing Cases to Trial

Sponsored by:
Professional Liability Committee

Ethical obligations associated with trial preparation and trials are unique. It is important for attorneys to understand these obligations, and be able to navigate the potential ethical minefields that can arise. The experienced panel will address topics including the tension between zealous advocacy and ethical rules and obligations, as well as current rules regarding contacting former employees of party corporation.

Click here to complete program description


March 5, 2008
Committee Meeting

Double Trouble - Bar Discipline and Professional Liability

Join James Bolan of Brecher, Wyner, Simons, Fox Bolan, LLP for a discussion of policies and procedures at the Board of Bar Overseers and the bar discipline process, coupled with real life examples in the professional liability context.


February 12, 2008
Committee Meeting

Aiding and Abetting a Breach of Fiduciary Duty

Join David Grossbaum and Justin Fabella of Hinshaw & Culbertson LLP as they discuss the recent growth in claims against lawyers by non-clients. Particularly troublesome is the advent of claims for aiding and abetting the client's breach of a fiduciary duty to the plaintiff. Hear how:

  • Such claims are hard to defend without compromising the attorney-client relationship and the privilege,
  • Are amorphous enough to make a dismissal motion difficult, and
  • Could place the burden of proof on the lawyer.

January 16, 2008
Committee Meeting

Invasion of the Client Snatchers

George A. Berman, Peabody & Arnold LLP, will discuss claims that can be asserted by a bankruptcy trustee on behalf of a former client. Topics will include the in pari delicto defense, the sole actor doctrine and the adverse interest exception.


November 7, 2007
Committee Meeting

In re Crosson

We will view the videotape of the oral argument in the case of In re Crosson, which will be followed by a discussion of the ethical implications of the case.


October 3, 2007
Committee Meeting

Legal Malpractice:  A Plaintiff’s Perspective

Please join us a Clyde Bergstresser of Campbell, Campbell, Edwards & Conroy offers his insights and experiences gained over 30 years of litigating legal malpractice cases on behalf of plaintiffs.& One of Massachusetts most successful trial attorneys, Mr. Bergstresser will share with us his approach to developing and implementing winning litigation strategies. This “must see” presentation will benefit both seasoned attorneys as well as newer members of the Bar.


December 6, 2006
Committee Meeting

Peripheral Duty Rule

Amy Goganian of Goganian & Associates, LLC will discuss a lawyer’s liability for matters outside the scope of an engagement letter with a client.  Specifically, she will discuss the "peripheral duty" rule with particular consideration given to the role of local counsel, national counsel, and the so-called “full service” law firm.  She will also discuss the steps a lawyer can take in an effort to protect himself or herself from such claims.


November 7, 2006
Committee Meeting

The Assignability of Legal Malpractice Claims

Richard W. Renehan of Goulston & Storrs – A Professional Corporation will discuss the assignability of legal malpractice claims. Emphasis will be placed on those situations in which the assignment may be unenforceable as against public policy.


September 9, 2006
Committee Meeting

Professional Liability Exposures and Risk Management Consideration for Consulting Engineers

David J. Hatem, a partner at Donovan Hatem LLP, will discuss professional liability risk exposures for engineers and other design professionals involved in megaprojects.

Megaproject professional liability risk exposures derive from many factors and variables outside the control of the design professional. They are quantitatively and qualitatively different than risk exposures on ordinary projects.

Traditional contractual protections and professional liability insurance coverages generally do not adequately or effectively manage or control the professional liability risk. Moreover, professional liability claims experience on megaprojects, especially in the last five years, has been problematic for design professionals and their professional liability insurers.

Where do we go from here? Will Boston , once again, lead the way – up or down!



 


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