--- title: Professional Liability Advocate | Attorneys description: Attorneys | Wilson Elser’s Professional Liability & Services attorneys provide clients and other interested parties with informed perspectives. --- # Professional Liability Advocate Select Category 1040 3 dimensional 3D 3D printing Accountants Accounting Accounting Fraud Accounting IT Risks admission of fault admission of liability adverse outcome Advertising Affidavit of Merit apology statute Architects & Engineers Attorneys communication resolution program Coronavirus COVID-19 Cybersecurity & Data Privacy Design Professionals DNA DOJ Investigation Results e-Discovery Health Care Insurance medical malpractice Posts about: ## Attorneys [Attorneys,](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/tag/attorneys) [Cybersecurity & Data Privacy](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/tag/cybersecurity-data-privacy) ### [What Attorneys Can Learn from History’s Largest Data Breach](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/2016/06/what-attorneys-can-learn-from-historys-largest-data-breach) Jun 21, 2016 10:45:23 AM [![468453132](https://wilsonelser-20963532.hs-sites.com/hs-fs/hubfs/Imported_Blog_Media/iStock_60997906_XXXLARGE-300x200-1.jpg?width=300&height=200&name=iStock_60997906_XXXLARGE-300x200-1.jpg)](https://wilsonelser-20963532.hs-sites.com/hubfs/Imported_Blog_Media/iStock_60997906_XXXLARGE-1.jpg)On April 3, 2016, the public learned that millions of client documents from the Panamanian law firm and corporate services provider Mossack Fonseca & Co. (MF) had made their way to an international organization, the International Consortium of Investigative Journalists (ICIJ), and that the information would be used to publish potentially damaging stories. In addition, authorities across the globe, from Japan to Switzerland to the United States, are reviewing the documents and investigating potential tax implications, regulatory violations and criminal activity. ![William F. McDevitt](https://wilsonelser-20963532.hs-sites.com/hs-fs/hubfs/5847_McDevitt_William_LI.jpg?width=45&name=5847_McDevitt_William_LI.jpg) [William F. McDevitt](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/author/william-f-mcdevitt) [Read More](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/2016/06/what-attorneys-can-learn-from-historys-largest-data-breach) [Attorneys](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/tag/attorneys) ### [Part 2: Local Counsel: Duties to the Court](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/2014/03/part-2-local-counsel-duties-to-the-court) Mar 27, 2014 9:11:31 AM [![lawyer-research115737056TS](https://wilsonelser-20963532.hs-sites.com/hs-fs/hubfs/Imported_Blog_Media/lawyer-research115737056TS-300x151.jpg?width=300&height=151&name=lawyer-research115737056TS-300x151.jpg)](https://wilsonelser-20963532.hs-sites.com/hubfs/Imported_Blog_Media/lawyer-research115737056TS.jpg)When an attorney is requested to act as “local counsel” by an out-of-state attorney in a new lawsuit, the local counsel may have additional duties that flow from Rules of Civil Procedure or Local Rules that govern lead counsel’s admission *pro hac vice*. For instance, Alaska R. Civ. P. 81(a)(3) states that “local counsel shall be primarily responsible to the court for the conduct of all stages of the proceedings, and their authority shall be superior to that of attorneys permitted to appear [*pro hac vice*].” ![Sean M. McDonough](https://wilsonelser-20963532.hs-sites.com/hs-fs/hubfs/mcdonough_s_thumb.jpg?width=45&name=mcdonough_s_thumb.jpg) [Sean M. McDonough](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/author/sean-mcdonough) [Read More](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/2014/03/part-2-local-counsel-duties-to-the-court) [Attorneys](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/tag/attorneys) ### [Part 1: Local Counsel: Opportunity or Pitfall?](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/2014/03/part-1-local-counsel-opportunity-or-pitfall) Mar 25, 2014 9:03:49 AM [![Accounting gavel_TS_105865310](https://wilsonelser-20963532.hs-sites.com/hs-fs/hubfs/Imported_Blog_Media/Accounting-gavel_TS_105865310-300x200.jpg?width=300&height=200&name=Accounting-gavel_TS_105865310-300x200.jpg)](https://wilsonelser-20963532.hs-sites.com/hubfs/Imported_Blog_Media/Accounting-gavel_TS_105865310.jpg)Occasionally, attorneys may get a call from an out-of-state attorney requesting them to serve as “local counsel” in a new lawsuit in their home town. Lead counsel explains, “Yeah, I just need you to file some papers, let me use your office for depositions once in a while, and tell me what the judge is like. I might even need you to attend a discovery hearing if need be.” It sounds like a tempting opportunity to bring in new work and maybe get some easy billable time without a substantial increase in workload. But when one accepts the responsibility of being “local counsel,” traps await that may result in professional liabilities in surprising and unexpected ways. ![Sean M. McDonough](https://wilsonelser-20963532.hs-sites.com/hs-fs/hubfs/mcdonough_s_thumb.jpg?width=45&name=mcdonough_s_thumb.jpg) [Sean M. McDonough](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/author/sean-mcdonough) [Read More](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/2014/03/part-1-local-counsel-opportunity-or-pitfall) [Attorneys](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/tag/attorneys) ### [Loose Pillow Talk](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/2014/02/loose-pillow-talk) Feb 18, 2014 6:25:30 AM [![Gavel and book_TS_99074151](https://wilsonelser-20963532.hs-sites.com/hs-fs/hubfs/Imported_Blog_Media/Gavel-and-book_TS_99074151-300x199-1.jpg?width=300&height=199&name=Gavel-and-book_TS_99074151-300x199-1.jpg)](https://wilsonelser-20963532.hs-sites.com/hubfs/Imported_Blog_Media/Gavel-and-book_TS_99074151.jpg)As empty nesters, my wife and I ask each other the standard question as we sit down for dinner each night: “How was your day?” We usually exchange small talk about work, the commute and so forth. As an attorney, I am acutely aware of the attorney/client privilege, and therefore careful not to jeopardize my clients’ confidences. Sometimes, however, lawyers and other professionals can’t help disclosing facts about their work that may be deemed violative of confidences. Some may be covered by strict privileges, such as lawyer/client or physician/patient relationships. If the wrong information is disclosed to the wrong person, while not a technical violation of a recognized privilege, the professional can be exposed to claims of an ethical breach, giving rise to licensing issues, negligence claims or damage to business interests. ![Steven L. Young](https://wilsonelser-20963532.hs-sites.com/hs-fs/hubfs/young_s_thumb.jpg?width=45&name=young_s_thumb.jpg) [Steven L. Young](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/author/steven-l-young) [Read More](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/2014/02/loose-pillow-talk) [Attorneys](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/tag/attorneys) ### [Subpoena Duces Tecum and Your Average Joe](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/2014/01/subpoena-duces-tecum-and-your-average-joe) Jan 24, 2014 11:20:37 AM [![sealed-document-gavel](https://wilsonelser-20963532.hs-sites.com/hs-fs/hubfs/Imported_Blog_Media/sealed-document-gavel1-232x300.jpg?width=232&height=300&name=sealed-document-gavel1-232x300.jpg)](https://wilsonelser-20963532.hs-sites.com/hubfs/Imported_Blog_Media/sealed-document-gavel1.jpg)Attorneys sometimes forget that members of the general public may not share our familiarity with the legal system. The service of a subpoena *duces tecum* (bring it with you under penalty of punishment) on a “civilian” can generate numerous questions. The subpoena is an imposing, formal document that requires the recipient to produce files, records and documents at a place certain within a limited time period, and often demands that the recipient testifies at a deposition or a trial. There are penalties for failure to comply, and if the recipient is a non-lawyer professional, these issues can be compounded by time pressure, confidentiality/privilege and cost issues. ![Steven L. Young](https://wilsonelser-20963532.hs-sites.com/hs-fs/hubfs/young_s_thumb.jpg?width=45&name=young_s_thumb.jpg) [Steven L. Young](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/author/steven-l-young) [Read More](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/2014/01/subpoena-duces-tecum-and-your-average-joe) [Insurance,](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/tag/insurance) [Architects & Engineers,](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/tag/architects-engineers) [e-Discovery,](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/tag/e-discovery) [Accountants,](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/tag/accountants) [Attorneys](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/tag/attorneys) ### [OH GOOD – I WROTE IT DOWN! OH NO – I WROTE IT DOWN!?!](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/2013/12/oh-good-i-wrote-it-down-oh-no-i-wrote-it-down) Dec 5, 2013 7:36:01 AM I often speak to groups of professionals on how to avoid errors and omissions claims. When I started making such presentations more than 30 years ago, I would hold up a piece of notebook paper and explain that it was a professional’s “best friend” when it comes to avoiding future problems. A memo of a conversation with a client detailing and confirming the services that can (or can’t) be delivered and the realistic outcomes that can (or can’t) result from those services may provide the best defense when a client complains. This is only true to a point. Sometimes, written communications provide a client with ammunition for a claim of negligence. ![Steven L. Young](https://wilsonelser-20963532.hs-sites.com/hs-fs/hubfs/young_s_thumb.jpg?width=45&name=young_s_thumb.jpg) [Steven L. Young](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/author/steven-l-young) [Read More](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/2013/12/oh-good-i-wrote-it-down-oh-no-i-wrote-it-down) [Insurance,](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/tag/insurance) [Architects & Engineers,](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/tag/architects-engineers) [Accountants,](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/tag/accountants) [Attorneys,](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/tag/attorneys) [Cybersecurity & Data Privacy](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/tag/cybersecurity-data-privacy) ### [Social Media: Putting Your Best Foot Forward or in Your Mouth](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/2013/10/social-media-putting-your-best-foot-forward-or-in-your-mouth) Oct 30, 2013 11:15:10 AM [![tablet image](https://wilsonelser-20963532.hs-sites.com/hs-fs/hubfs/Imported_Blog_Media/Hand-on-tablet_TS_153055447-300x200.jpg?width=300&height=200&name=Hand-on-tablet_TS_153055447-300x200.jpg)](https://wilsonelser-20963532.hs-sites.com/hubfs/Imported_Blog_Media/Hand-on-tablet_TS_153055447.jpg)As part of my blog training, I was asked to review my social media presence in general and in particular my LinkedIn account. My profile, admittedly, had not been reviewed in some time, so I updated my bio and skills section. This made me think about “puffing,” which I learned about in my Contracts class in law school. For those unfamiliar with the term, it is something we experience daily in sales transactions and advertising. Puffing is the exaggeration of the positives of a service or product or anything else someone is looking to sell. Any advertisement that includes superlatives – such as “greatest,” or “best” – or statements that are clearly not intended as factual representations are not generally actionable if you buy the “product” and find it to be lacking. Consumers dealing with a salesperson should expect some level of “puffing.” ![Steven L. Young](https://wilsonelser-20963532.hs-sites.com/hs-fs/hubfs/young_s_thumb.jpg?width=45&name=young_s_thumb.jpg) [Steven L. Young](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/author/steven-l-young) [Read More](https://wilsonelser-20963532.hs-sites.com/professional-liability-advocate/2013/10/social-media-putting-your-best-foot-forward-or-in-your-mouth)