Lawyers’ Liability: The Game of Risk & Reward

As the legal landscape evolves, understanding both the recurring and emerging risks and challenges that our clients face is crucial. In this program, we will discuss some of the data compiled in the recent ABA Profile of Legal Malpractice Claims and similar reports, examining not only the micro — facts and figures, where administrative and substantive errors are being made, and especially problematic areas of practice, but also the macro — an exploration of key developments, including AI and technology, the economy, emerging regulatory concerns including a discussion of the relevant Model Rules of Professional Conduct, cybersecurity, the “transactional” nature of modern practice, and tort inflation. We will also provide some insight on how to minimize exposure to these professional liability claims and stay ahead of the trends.

Learning Objectives:

Identify and Analyze Common Legal Malpractice Risks: Participants will be able to interpret data from the ABA Profile of Legal Malpractice Claims and similar reports to recognize recurring administrative and substantive errors, as well as high-risk practice areas

Evaluate Emerging Trends and Challenges in Legal Practice: Participants will assess the impact of evolving factors such as AI and technology, economic shifts, tort inflation, and the transactional nature of modern legal work on professional liability exposure

Understand Ethical Considerations: Participants will apply relevant Model Rules of Professional Conduct to LPL trends and understand the interrelation between them

Develop Strategies to Minimize Professional Liability Exposure: Participants will formulate proactive approaches to reduce the risk of malpractice claims and adapt to evolving legal practice trends through improved risk management and compliance practices

Topics covered include:

Legal Ethics Law Practice

Agenda:

Introduction & Disclaimers

Welcome and speaker introduction
Purpose of the presentation
Legal guidance vs. legal advice disclaimer

Overview & Roadmap

Key topics to be covered:

Emerging data and trends
MRPC insights
LPL claims analysis
Risk mitigation strategies

Emerging Data & Trends in Legal Malpractice

Understanding MRPC & Core Competencies

MRPC 1.1 – Competence
MRPC 1.3 – Diligence
MRPC 1.2 & 1.4 – Scope of Representation & Communication

Trends in LPL Claims

Risk in Estate, Trust & Probate claims
Decline in PI and Family Law claims
“Settle & Sue” phenomenon
Frequency vs. severity of claims
Catastrophic claims and unworthy clients
Rule 1.2(d) and aiding client fraud

Risk Management & Client Due Diligence

New MRPC 1.16(a) – Termination & Withdrawal
Risk-based inquiry and client vetting
Red flags and warning signs
Consequences of poor due diligence

Modern Challenges & Risk Mitigation

Technology risks: AI, texting, email errors
Cybersecurity threats
Transactional client relationships
Risk management strategies:

Engagement letters
Conflict checks
Documentation and checklists

Questions & Answers (as time permits)

Duration of this webinar: 60 minutes

When: Premieres in 34 days | August 21, 2025 11:00 AM PT

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Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 Legal Ethics

North Carolina CLE

Status: Approved

Credits: 1.00 Ethics

Texas CLE

Status: Approved

Credits: 1.00 Legal Ethics/Professional Responsibility

This presentation is approved for one hour of Legal Ethics CLE credit in California, and one hour of Ethics CLE credit in North Carolina. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours, of which 1.00 credit hours will apply to Legal Ethics/Professional Responsibility credit.

Justia only reports attendance in jurisdictions in which a particular Justia CLE Webinar is officially accredited. Lawyers may need to self-submit their certificates for CLE credit in jurisdictions not listed above.

Note that CLE credit, including partial credit, cannot be earned outside of the relevant accreditation period. To earn credit for a course, a lawyer must watch the entire course within the relevant accreditation period. Lawyers who have viewed a presentation multiple times may not be able to claim credit in their jurisdiction more than once. Justia reserves the right, at its discretion, to grant an attendee partial or no credit, in accordance with viewing duration and other methods of verifying course completion.

At this time, Justia only offers CLE courses officially accredited in certain states. Lawyers may generate a generic attendance certificate to self-submit credit in their own jurisdiction, but Justia does not guarantee that lawyers will receive their desired CLE credit through the self-submission or reciprocity process.

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Speaker

Tracy L. Kepler Director of Risk Control Consulting
CNA's Lawyers Insurance Program

Tracy L. Kepler is the Risk Control Consulting Director for CNA’s Lawyers Insurance Program. In this role, she designs and develops content and distribution of risk control initiatives relevant to the practice of law. She collaborates with the underwriting and claims teams to develop and execute strategies for the profitable growth of the program. Tracy lectures frequently at CNA-sponsored events and at state and local bar associations and national seminars hosted by industry-leading organizations. She also writes articles focusing on law firm risk control and professional responsibility issues. Read More ›

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