The Best Legal Malpractice Defense is a Good Offense: Strategies for Success in the “Case Within a Case”, an Often-overlooked Prerequisite to Legal Malpractice Liability

Begins at Tue, Nov 08, 2022 12:00 PM
Ends at Tue, Nov 08, 2022 01:00 PM

More often than not, defending a legal malpractice lawsuit requires litigating two cases: the legal malpractice case-in-chief and the legal fiction often termed the “case within a case.” This “role reversal” means that the defense attorney must build a case against her client’s former client (i.e. the legal malpractice plaintiff). Even where the legal malpractice defendant believes that he presented a good case on behalf of his client in the underlying action, the defense attorney in a legal malpractice case is tasked with showing the opposite – that regardless of the qualifications of her lawyer client, the “case within a case” (and, by extension, the underlying action), was “unwinnable.” This webinar will discuss:

The technicalities of the “case within a case” versus the “underlying action”;
The critical need for early development of a targeted defense strategy, including a well thought out plan for discovery in both the “case within a case” and the legal malpractice case-in-chief;
The importance of expert testimony and evidentiary considerations – including admissibility pitfalls and how to avoid them (or use them to your benefit when the plaintiff makes the misstep).

About the Speakers

Ryan is passionate about helping clients resolve employment and professional liability matters. He enjoys building lasting relationships with his clients and employs a proactive approach that seeks to minimize risk before litigation arises. When litigation is unavoidable, Ryan is skilled in representing clients before state and federal administrative agencies, state courts, federal courts, appellate courts, and professional administrative or licensing boards. Ryan has litigated numerous cases as lead counsel to favorable* jury verdicts and appellate decisions in North Carolina. 20 years of experience has sharpened Ryan’s litigation and counseling skills. His experience and results are described below.

Ryan defends licensed professionals (accountants, appraisers, attorneys, chiropractors, collection agencies, dentists, insurance agents/brokers, and real estate agents/brokers) against claims of professional negligence and malpractice made by former clients in all North Carolina Courts and before professional licensing or administrative boards such as North Carolina State Bar, North Carolina Board of Dental Examiners, North Carolina State Board of Certified Public Accountant Examiners, North Carolina Real Estate Commission, North Carolina Appraisal Board, and the North Carolina Board of Chiropractic Examiners. While defending these professionals, Ryan assists them with handling the personal difficulties and frustrations that arise from these claims.

Melody practices professional liability defense, including the defense of attorneys, architects & engineers, real estate professionals, accountants, home inspectors & appraisers, land surveyors, directors & officers of profit and non-profit corporations and other non-medical professionals. Melody is Section Leader for the Firm’s Professional Liability practice group and she has maintained an active leadership role in the Defense Research Institute (DRI)’s Professional Liability Committee since 2009, serving two terms as its Chair from 2019-2021.

Melody’s dedication to professional liability defense includes counseling her professional clients on their ethical obligations and – if a mistake is made – assisting her clients in determining if the error can be corrected or the damage lessened and a claim or lawsuit avoided.

In addition to professional liability defense, Melody’s legal experience includes community associations litigation, representation of corporations in business disputes and general liability matters.