NATIONAL LEGAL MALPRACTICE CONFERENCE - April 14-15, 2021
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Sponsored by ABA Standing Committee on Lawyers’ Professional Liability
The Virtual Conference Experience
NATIONAL LEGAL
MALPRACTICE CONFERENCE
April 14-15, 2021
SPRING 2021
WE HAVE APPLIED FOR 5.00 CREDIT HOURS OF CLE INCLUDING 1.0 HOURS OF ETHICS CREDIT*
IN THE US AND CANADA (*APPLICABLE ONLY IN CERTAIN JURISDICTIONS)
THANK YOU TO OUR
SPONSORS
GOLD
S P ONS OR S
SILVER
S P ONS OR
BRONZE
S P ONS OR
WELLNESS
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2 ABA SPRING 2021 NATIONAL LEGAL MALPRACTICE CONFERENCE REGISTER ONLINE AT AMBAR.ORG/LPL
PROGRAM
SCHEDULE
WEDNESDAY, APRIL 14, 2021 (A L L T IMES ET)
5:00 – 7:00 p.m. Wine and Welcome: Welcome Reception and Virtual Wine Tasting ($95)
Non-alcoholic packages also available. Please indicate preference when
registering online.
THURSDAY, APRIL 15, 2021 (A L L T IMES ET)
8:00 – 9:00 a.m. Virtual Yoga for Every Body
9:00 – 10:00 a.m. Open 12-Step Virtual Support Group Meeting
9:45 – 9:55 a.m. Welcome Address and Program Overview
10:00 – 11:00 a.m. The Eternal Sunshine of the Mediated LPL Resolution
The vast majority of LPL claims are mediated. To achieve the best
outcome, the essential skills, interactions, and choreography are
imperative. Yet, there is little guidance on what it takes and how
to maximize the effort and expenditure. This Session will take you
through the entire playbook, from the initiation of the idea with
clients and counsel, to timing and mediator selection, to briefing and
the conduct of the session and the insights needed to anticipate and
overcome obstacles along the way. Join our panel of highly experienced
experts who will share best practices, tools, and tricky issues from
beginning to end, a true front-row viewpoint to one of the most critical
components of the claim process.
Laura Frankel, Case Manager, JAMS, Chicago, IL
Christine Mast, Managing Partner, Hawkins Parnell & Young LLP, Atlanta, GA
Megan Haley Zurn, Sr. Claims Specialist – Commercial E&O, AXA XL, Atlanta, GA
11:00 – 11:30 a.m. Break
11:30 a.m. – 12:30 p.m. Cybersecurity for Attorneys – Legal and Ethical Duties (Ethics)
As we adapt to an ever more technologically sophisticated world, it is
critical for attorneys to understand and address the resulting legal
and ethical obligations of operating in that environment. Attorneys
should “keep current” due to their duty of competence in technology
as well as their duty to maintain confidentiality. Join us for this session
as we discuss best practices for technology competence, the rules that
govern attorneys in the cybersecurity space, and real-world examples
to help provide insight into protecting your practice and your clients.
This session will discuss ABA Model Rules of Professional Conduct
1.1 (competence), 1.1, comment [8] (technology competence), 1.4
3 ABA SPRING 2021 NATIONAL LEGAL MALPRACTICE CONFERENCE REGISTER ONLINE AT AMBAR.ORG/LPL
PROGRAM
SCHEDULE
(A L L T IMES ET)
(communication), and 1.6 (confidentiality).
David Ries, Of Counsel, Clark Hill PLC, Pittsburgh, PA
Danielle Roth, Claims Manager – Cyber/Technology/Media, AXA XL, New York, NY
Alyssa Watzman, Partner, Lewis Brisbois, Denver, CO
12:30 – 1:00 p.m. Lunch Break
1:00 – 2:00 p.m. Insurance Market Update 2021: Premiums and
Payouts Post-Pandemic
This session will outline what legal malpractice insurers are grappling
with (and it’s not just COVID and cannabis!) as they continue to pay
large claim payouts, contend with a recession, deal with an aging and
diversifying lawyer population, and wrestle with continued market
consolidation. What exposures are leading to big claim payouts?
How much will legal malpractice premiums rise? Which firms do the
insurers see as preferred risks? Our expert panel will address these
issues and more and provide some keen advice on the direction of the
market for firms big and small.
Anne Keiser, Director, LPL, Swiss Re Corporate Solutions, Zurich, Switzerland
John Muller, Senior Vice President, Professional Lines, Sompo International,
New York, NY
Jonathan O’Connell, Corporate E&O Underwriter, Professional Lines, QBE North
America, New York, NY
2:00 – 2:30 p.m. Break
2:30 – 3:30 p.m. Will This Come Back to Bite Me? How and When a Law Firm’s
Risk Management Response Can Jeopardize Coverage
Using a series of short hypotheticals, this panel will consider how a
law firm’s actions in handling a claim or potential claim may impact
the availability of insurance coverage and the firm’s risk management
practices. A law firm General Counsel and coverage counsel on both
the insurer- and policyholder-sides will present their unique and
potentially conflicting perspectives on common coverage issues that
may arise in connection with a law firm’s claim response. This lively
discussion will include timely notice, other reporting requirements,
consent, and the firm’s duty to cooperate.
Kimberly Ashmore, Partner, Wiley LLP, Washington, DC
Dana Maine, Founding Partner, Freeman Mathis & Gary, Atlanta, GA
Sherilyn Pastor, Partner, McCarter English, Newark, NJ
Mike McCall (moderator), Partner, Earhart Overstreet, Charleston, SC
4 ABA SPRING 2021 NATIONAL LEGAL MALPRACTICE CONFERENCE REGISTER ONLINE AT AMBAR.ORG/LPL
PROGRAM
SCHEDULE
(A L L T IMES ET)
4:00 – 5:00 p.m. Coin of the Realm: When an LPL Claim Includes Attorney Fee Claims
As many as 50% of LPL claims have an attorney fee dispute component,
either via an affirmative claim by the attorney against the client or a
provision that permits attorney fees be awarded to the prevailing party
in the lawsuit. Both “attorney fee” issues skew conventional claim
handling by both defense counsel and insurer, create conflicts, and
obscure the role of each. Discussion will include assessing the nascent
attorney fee claim, whether it should be brough affirmatively by the
attorney, the client’s right to arbitrate, whether it taunts a malpractice
cross-complaint from the client, and impacts on insurability, allocation
of defense costs, and settlement/trial. We’ll also examine how to
interpret the fee provision, the allocation of attorney time, preparing
the prevailing party fee petition, and entitlement to recovery between
insured and insurer.
Howard Elman, Partner, Elman Freiberg, New York, NY
Rachel Fleishman, Partner, Reid Collins & Tsai LLP, Washington, DC
Darren Goodson, Sr. Claims Counsel, ALAS, Chicago, IL
5 ABA SPRING 2021 NATIONAL LEGAL MALPRACTICE CONFERENCE REGISTER ONLINE AT AMBAR.ORG/LPL
SPECIAL
EVENTS
Wine & Welcome: Welcome Reception & Virtual Wine Tasting ($95)
Wednesday, April 14, 5:00 – 7:00 p.m. ET
Please join us for an evening of wine tasting and connection with your friends from around the
country. Sommelier Patrick Cress and the Wine Thieves gang will guide you through a virtual
tasting of three of their favorite wines. Together, we’ll analyze the wines through the lens of a
sommelier, focusing on aspects of the nose, the palate, the region where its grown, and varietal
typicities. While dissecting the wines we’ll also touch on food and wine pairing, and help you
get more comfortable pairing wine with your next meal. Refine your wine tasting chops, and
have fun doing it without any pretension!
Listed below are the 3 wines we will be tasting/analyzing:
1. Romeo Vineyards Napa Valley Chardonnay 2018
2. Rancho Sisquoc Santa Barbara Meritage Red 2015
3. Steele Carneros Pinot Noir 2016
Not a wine fan? No problem! We have a non-alcoholic option available. Join in for the education
and an opportunity to catch up with old friends and meet a few new ones. You must register
no later than March 31, 2021 to allow enough time for shipping. Shipment is not guaranteed
before the event for any registrations received after March 31. Please indicate your package
preference when registering for the Conference online. Please Note: Alcohol packages cannot be
delivered internationally or to states where alcohol is prohibited from being delivered by mail.
Virtual “Yoga for Every Body”
Thursday, April 15, 8:00 – 9:00 a.m. ET
A National Legal Malpractice Conference attendee favorite, now in the comfort of your living
room! Refresh and recharge your batteries as in a one-hour practice focusing on improving
your overall health and wellness. Sessions are geared to appeal to participants of all levels,
including those who have never practiced yoga. The physical practice of yoga will bring you
greater mental clarity, a natural detox, and will leave you feeling rejuvenated and energized.
Open 12 Step Virtual Support Group Meeting
Thursday, April 15, 9:00 – 10:00 a.m. ET
No matter your struggle, all are invited.
6 ABA SPRING 2021 NATIONAL LEGAL MALPRACTICE CONFERENCE REGISTER ONLINE AT AMBAR.ORG/LPL
IMPORTANT
INFO
CLE Information
The ABA will seek 5.0 hours of CLE credit in 60-minute states, and 6.0 hours of CLE credit
for this program in 50-minute states including 1.0 hours of Ethics credit in 60-minute
states and 1.2 hours of Ethics credit in 50-minute states. Credit hours are estimated and are
subject to each state’s approval and credit rounding rules. Please visit the program website
at ambar.org/lpl for program CLE details or visit www.americanbar.org/mcle for general
information on CLE at the ABA.
For more information about CLE accreditation in your state, visit:
https://www.americanbar.org/events-cle/mcle/ or contact
Marcia Yarbrough at marcia.yarbrough@americanbar.org or 312.988.5763.
Scholarships
Scholarships for up to 50% off the registration fee are available to attorneys who qualify
based on financial hardship. Scholarships do not include social event tickets with attending
the conference. Requests for Scholarships must be received no later than March 31, 2021. To
request a scholarship contact tamaara.piquion@americanbar.org (Scholarships are limited).
Registration Cancellations
Refunds minus a $50 administration fee will be issued for cancellations received in writing by
March 31, 2021. There will be no refunds after that date. Substitutions are accepted at no
additional charge.
Conference Registration
Registration for the Conference can be done online HERE.
7 ABA SPRING 2021 NATIONAL LEGAL MALPRACTICE CONFERENCE REGISTER ONLINE AT AMBAR.ORG/LPL
CONFERENCE
FACULTY
Kimberly Ashmore, Wiley LLP, Washington, DC
Howard Elman, Partner, Elman Freiberg, New York, NY
Rachel Fleishman, Partner, Reid Collins & Tsai LLP, Washington, DC
Laura Frankel, Case Manager, JAMS, Chicago, IL
Darren Goodson, Sr. Claims Counsel, ALAS, Chicago, IL
Anne Keiser, Director, LPL, Swiss Re Corporate Solutions, Zurich, Switzerland
Dana Maine, Founding Partner, Freeman Mathis & Gary, Atlanta, GA
Christine Mast , Managing Partner, Hawkins Parnell & Youngs LLP, Atlanta, GA
Mike McCall, Earhart Overstreet, Charleston, SC
John Muller, Senior Vice President, Professional Lines, Sompo International, New York, NY
Jonathan O’Connell, Corporate E&O Underwriter, Professional Lines, QBE North America, New York, NY
Sherilyn Pastor, Partner, McCarter English, Newark, NJ
David Ries, Of Counsel, Clark Hill PLC, Pittsburgh, PA
Danielle Roth, Claims Manager – Cyber/Technology/Media, AXA XL, New York, NY
Alyssa Watzman, Partner, Lewis Brisbois, Denver, CO
Megan Haley Zurn, Sr. Claims Specialist - Commerical E&O, AXA XL, Atlanta, Ga
2020-2021 ABA Standing Committee on Lawyers’ Professional Liability
Richard A. Simpson, Chair, Wiley LLP, Washington, DC
Allison Ahroni, Aspen Insurance, New York, NY
Anne C. Auten, ALAS, Chicago, IL
Carolyn Fairless, Wheeler Trigg O’Donnell LLP, Denver, CO
Melissa M. Lessell, Deutsch Kerrigan, New Orleans, LA
Jane Broadwater Long , Lawyers Mutual Insurance Co. KY, Louisville, KY
Jessica Rudin MacGregor, Long & Levit LLP, San Francisco, CA
Randall Allen Miller, Miller Law Associates APC, Los Angeles, CA
Douglas Richmond, Aon Corporation, Olathe, KS
James Quentin Walker, Perkins Coie LLP, New York, NY
8 ABA SPRING 2021 NATIONAL LEGAL MALPRACTICE CONFERENCE REGISTER ONLINE AT AMBAR.ORG/LPL
CONFERENCE
FACULTY
ABA Liaisons
ABA Board of Governors
Russell F. Hilliard, Upton & Hatfield, Portsmouth, NH
Association of Professional Responsibility Lawyers
Charles E. Lundberg , Lundberg Legal Ethics PA, Roseville, MN
National Organization of Bar Counsel
Robbie Clements, Kentucky Bar Association, Frankfort, KY
Tort Trial and Insurance Practice Section
Maureen Mulligan, Peabody & Arnold, Boston, MA
Young Lawyer Division
David Samani, Lewis Brisbois, Los Angeles, CA
Special Advisors
Steven Couch, Ohio Bar Liability Insurance Company, Columbus, OH
Bradley Dantic, ALPS, Missoula, MT
Eileen R. Garczynski, Ames & Gough, McLean, VA
9 ABA SPRING 2021 NATIONAL LEGAL MALPRACTICE CONFERENCE REGISTER ONLINE AT AMBAR.ORG/LPLREGISTRATION
FORM
For your convenience, we encourage you to register online at ambar.org/lpl
(Please print or type)
Attendee #1:_______________________________________________________________________________
ABA ID #:___________________________________________________________________________________________
Name on Badge: _____________________________________________________________________________________
Company/Firm:_____________________________________________________________________________________
Address:____________________________________________________________________________________________
City:_____________________________________________ State:________________________ Zip:______________
Phone:___________________________________________ Email:___________________________________________
This is the first time I have attended this conference.
I am a Young Lawyer or Insurance Professional (36 years of age or younger).
I require special access considerations (To ensure we can accommodate your needs, email your
requirements to tamaara.piquion@americanbar.org).
Attendee #2:_______________________________________________________________________________
ABA ID #:___________________________________________________________________________________________
Name on Badge: _____________________________________________________________________________________
Company/Firm:_____________________________________________________________________________________
Address:____________________________________________________________________________________________
City:_____________________________________________ State:________________________ Zip:______________
Phone:___________________________________________ Email:___________________________________________
This is the first time I have attended this conference.
I am a Young Lawyer or Insurance Professional (36 years of age or younger).
I require special access considerations (To ensure we can accommodate your needs, email your
requirements to tamaara.piquion@americanbar.org).
10 ABA SPRING 2021 NATIONAL LEGAL MALPRACTICE CONFERENCE REGISTER ONLINE AT AMBAR.ORG/LPLREGISTRATION
FORM
Continued
Registration Fees
ABA Young Lawyers Division members $
150
(Must be a member in good standing of the Division)
ABA Members $
250
Non-ABA Members $
300
State Bar Employee or Elected Official $
0
To request the State Bar Employee or Elected Official waiver contact
tamaara.piquion@americanbar.org. (Only one waiver per state bar)
Special Events
Wednesday Welcome and Wine Reception $
95
April 14, 2021 5:00 p.m. – 7:00 p.m.
Please choose one (circle one option):
Please note: Alcohol packages cannot be delivered internationally or to
states where alcohol is prohibited from being delivered through the mail.
WINE TASTING PACKAGE NON-ALCHOLIC PACKAGE
TOTAL $ ___ ______
Method of Payment – Mail or fax directly to the ABA Service Center
Check enclosed (make payable to the American Bar Association)
Visa MasterCard American Express
Credit Card Number Exp. Date
Name on Credit Card (please print) Signature
Refunds (less a $50 administration fee) must be We encourage you to register online at
requested in writing by March 31, 2021 and will ambar.org/lpl. You may also fax or mail
not be granted after that date. Substitutions payment and registration form to:
are accepted at no additional charge. Refunds American Bar Association
requested by March 31, 2021 will be processed Attn: Service Center – Meeting/Event
after the conference. Registrations Department
For assistance with this form, or online registration 321 N. Clark St., Floor 19
contact marcia.yarbrough@americanbar.org or Chicago, IL 60654
call 312.988.5763. Secure Fax Number: 312.988.6279
11 ABA SPRING 2021 NATIONAL LEGAL MALPRACTICE CONFERENCE REGISTER ONLINE AT AMBAR.ORG/LPLNATIONAL LEGAL MALPRACTICE CONFERENCE SAVE THE DATE Fall 2021 Spring 2022 September 22-24, 2021 April 6-8, 2022 JW Marriott Nashville Austin Marriott Downtown Nashville, TN Austin, TX
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