Sue C Jacobs

June 13, 2017 | New York Law Journal

Professional Liability Insurance columnist Sue C. Jacobs writes: Courts recently have been more liberal in holding that causes of action for both legal malpractice and breach of fiduciary duties may exist in the same action. The courts assume a fiduciary duty between attorney and client but look at the timing of the alleged offending actions and the sources of damages to determine if they are distinct from the damages allegedly sustained for the legal malpractice.

By Sue C. Jacobs

29 minute read

March 01, 2017 | New Jersey Law Journal

The attorney-client relationship is not one that always ends well. The client is able to discharge the attorney at any time, but outstanding legal fees must be addressed.

By Sue C. Jacobs

20 minute read

January 17, 2017 | New York Law Journal

In her Professional Liability Insurance column, Sue C. Jacobs writes: The action for attorney fees is one in which all the parties' dirty laundry is aired. An attorney who sues for fees can expect to litigate a malpractice claim, along with breach of contract, breach of fiduciary duty and other possible causes of action a creative lawyer conceives.

By Sue C. Jacobs

19 minute read

July 08, 2016 | New York Law Journal

In her Professional Liability Insurance column, Sue C. Jacobs discusses the recent decision reaffirming New York state's long-held precedent that the common interest doctrine applies to communications with a third party having a shared interest only if there is pending or reasonably anticipated litigation, a narrower view of the doctrine than that held by a number of federal circuits.

By Sue C. Jacobs

18 minute read

March 15, 2016 | New York Law Journal

In her Professional Liability Insurance column, Sue C. Jacobs writes that if a violation of Judiciary Law §487 is established in a malpractice action, the attorney will be guilty of both a misdemeanor and civilly liable for treble damages. An insurer is obligated to defend the attorney regardless of whether the §487 claim is the only cause of action alleged or one of several, but will not be obligated to pay the treble damages since they are punitive.

By Sue C. Jacobs

8 minute read

October 21, 2015 | New York Law Journal

In her Professional Liability Insurance column, Sue C. Jacobs discusses the business pursuits exclusions to the Lawyer's Professional Liability Policy, which provide that the insurer is not obligated to provide coverage for the attorney's actions related to his role in business or investments in entities in which the attorney is a principal or has a controlling interest, even if the allegations are that the attorney acted in as both business advisor and attorney.

By Sue C. Jacobs

11 minute read

July 30, 2015 | New York Law Journal

In her Professional Liability Insurance column, Sue C. Jacobs analyzes recent Appellate Division decisions that addressed whether a law firm's alleged continuous representation tolled the statute of limitations in three different high-stakes actions.

By Sue C. Jacobs

11 minute read

July 29, 2015 | New York Law Journal

In her Professional Liability Insurance column, Sue C. Jacobs analyzes recent Appellate Division decisions that addressed whether a law firm's alleged continuous representation tolled the statute of limitations in three different high-stakes actions.

By Sue C. Jacobs

11 minute read

April 24, 2015 | New York Law Journal

In her Professional Liability Insurance column, Sue C. Jacobs writes: A lawyer may be reasonably concerned that a case could be dismissed because she failed to include sufficient factual matter to meet the Supreme Court's plausibility standard articulated in 'Iqbal' and 'Twombly'. But, the pleading should be simple, concise and direct. It is time for practitioners to realize judges are not impressed with quantity, but rather quality.

By Sue C. Jacobs

7 minute read

April 23, 2015 | New York Law Journal

In her Professional Liability Insurance column, Sue C. Jacobs writes: A lawyer may be reasonably concerned that a case could be dismissed because she failed to include sufficient factual matter to meet the Supreme Court's plausibility standard articulated in 'Iqbal' and 'Twombly'. But, the pleading should be simple, concise and direct. It is time for practitioners to realize judges are not impressed with quantity, but rather quality.

By Sue C. Jacobs

7 minute read