Thursday, July 17, 2003

Can a lawyer's knowledge of his own malpractice be imputed to the firm?

Law.com has this article on a case in New York where the court held that an individual lawyer's knowledge of his own malpractice was not imputable to his law firm for purpose of whether the firm itself gave timely notice of the claim to its malpractice carrier.

Somewhat to the contrary, however, the lawyer's knowledge of his own malpractice likewise voided the firm's coverage when he was the person authorized to reapply for coverage and in filling out the application he concealed what he knew about how he had been stealing from clients, or so Judge Jones of the W.D. Va. concluded in the Ron King case.

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