By Pete Brush
Law360, New York
September 11, 2014, 8:22 PM ET
New York City trial court and appellate rulings extending the clock on professional negligence claims against law firms that no longer directly represent those clients could boost malpractice risk and leave attorneys with tough choices over communicating on past matters, experts say….
…The current lay of the land in New York City, where the First Department holds sway, means lawyers must take careful approaches when considering how they might communicate with clients — especially unhappy clients — after the work at hand is done, according to Brooklyn-based attorney Richard A. Klass, who represents malpractice plaintiffs and defendants.
Transactional lawyers, for example, might want to foreclose advice on litigation or appeals at the outset, according to Klass, and they also may want to make it clear that no more advice will be forthcoming at the completion of an engagement in order to shield themselves.
“They should beef up both their hello letters and their goodbye letters,” Klass said.