"I am the Greatest"

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Muhammad Ali was undoubtedly the greatest.  I’m not talking about boxing.  I’m talking about talking.  Ali was hands down the greatest self-promoter and the most gifted swordsman of the tongue that the world has ever known.  Unfortunately, we will need to place an asterisk next to his name because he practiced his trade in the era before lawyer advertising.  In the modern era, lawyers are without rivals in the arena of self-promotion.

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The Unauthorized Practice of Law – Lawyers Beware – Clients Be Informed

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The unauthorized practice of law is a deceptively elusive concept that visits the Bar from time to time with all the charm and warmth of the grim reaper himself.  While the name seems to dictate the proper path (ie. don’t do it), it leaves a great deal to the imagination.  After all, how do you define the “practice of law”, when is it “unauthorized” and what are the consequences?

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Uninsured Lawyers in South Carolina - Is Enough Being Done?

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For years now, Eric Bland and I have advocated that something needed to be done in South Carolina to address the problem of the lack of a requirement that lawyers practicing law in South Carolina carry appropriate malpractice insurance coverage.  Over the years, we have encountered many situations in which a client is twice victimized by malpractice – first by the act itself and second by discovering that the defendant lawyer lacks insurance which would otherwise address the matter.  In May, 2011, we authored an article on the subject matter as guest columnists for The State paper and were also featured in a related article which appeared in the South Carolina Lawyers Weekly.  Click on the following links to read the entire articles.

The State Article:  (Hold lawyers to same standard as other professionals)
South Carolina Lawyers Weekly Article:  (SC lags in insurance for legal malpractice)

Judgmental Immunity in SC – You be the Judge.

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Of all the decisions of the SC Supreme Court issued in 2010 and addressing the conduct of lawyers, perhaps the decision with the greatest future impact on the practice of law is Harris Teeter, Inc. vs. Moore& Van Allen, PLLC, 701 S.E.2d 742. In Harris Teeter, our court considered the adoption of the doctrine of judgmental immunity in legal malpractice, and decided, at least for now, to defer the issue – or did they? Under judgmental immunity, "there can be no liability for acts and omissions by an attorney in the conduct of litigation which are based on an honest exercise of professional judgment." Id., at 750 [citation omitted]. It is a supposedly sound doctrine in that it is said to discourage unhappy clients from suing over acts which are viewed through the lens of hindsight. In other words, it is an "Anti-Monday Morning Quarterback" rule. While the court indicates that the issue is left open, their analysis of the claim begs otherwise.

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Nothing in this site should be considered legal advice and no one should rely on the content; every situation turns on its own facts and circumstances; if you believe you have a claim of legal malpractice, you should consult with competent legal counsel.

*An attorney-client relationship is not created by communications on this blog site.*