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Know your limits; the right formula can yield a safe level of malpractice insurance

Article Abstract:

The defense costs and claims paid are low in most legal malpractice claims. The first element in selecting such insurance is an assessment of the likely damages to flow from a wrongful act. The ABA Standing Committee on Lawyers' Professional Liability reports that only 1.5% of claims closed resulted in payments of more than $250,000 and lawyers will have to decide if their specialty makes them likely to fall in this category. Other decisions include how much it would take to defend the defensible claim or negotiate a settlement.

Author: Bourgeois, G. Michael
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1998
Evaluation, Legal malpractice insurance

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There's something about Mary; settlement ploy named for 1967 case poses risks lawyers should heed

Article Abstract:

Issues regarding the settlement technique known as Mary Carter agreements are discussed. This limits the settling defendant's liability and guarantees the plaintiff a minimum recovery. The settling defendant may end up paying the nonsettling ones less as credit for any recovery made against nonsettling parties goes to the settling one.

Author: Bourgeois, G. Michael
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 2000

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It only counts if it's clear

Article Abstract:

The need for clearly written class action settlement notices is discussed. This lack of clarity could lead to succesful appeals of the settlement and claims of a violation of Federal Rule of Civil Procedure 23. Suggestions for clear drafting of the settlement notice are given.

Author: Harrison, Rob
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 2000
Class actions (Civil procedure), Class action lawsuits

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Subjects list: United States, Compromise and settlement, Settlements (Law), Laws, regulations and rules
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