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Liability and Malpractice Insurance

Liability and Malpractice Insurance

While LegalResearch.com carries general liability insurance, it does not carry malpractice insurance for one simple reason. LegalResearch.com’s legal research, analysis and writing services for attorneys do not constitute the practice of law and are therefore not subject to malpractice liability.

An attorney’s use of LegalResearch.com’s services is a legitimate procedure validated by the American Bar Association and ethics committee decisions so long as the attorney-customer retains direct supervision over LegalResearch.com’s Research Attorneys and ultimate responsibility for workproduct produced for his or her clients.

This ultimate responsibility for research and writing is mirrored in the American Bar Association’s Model Rules of Professional Conduct. From a professional-responsibility perspective, LegalResearch.com’s attorney-customer’s relationship with the company is analogous to an attorney’s relationship with a nonlawyer assistant, governed by Rule 5.3, Responsibilities Regarding Nonlawyer Assistants. See Model Rules of Prof’l Conduct R. 5.3. Under Rule 5.3, the attorney bears final responsibility for the ethical components of a nonlawyer assistant’s activities. See id.

With respect to a nonlawyer employed or retained by or associated with a lawyer:

(a) a partner, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person’s conduct is compatible with the professional obligations of the lawyer;

(b) a lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person’s conduct is compatible with the professional obligations of the lawyer; and

(c) a lawyer shall be responsible for conduct of such a person that would be a violation of the Rules of Professional Conduct if engaged in by a lawyer . . . .

See id.; see also id. at cmt. 2 (“assistants, whether employees or independent contractors, act for the lawyer in rendition of the lawyer’s professional services. A lawyer must give such assistants appropriate instruction and supervision . . . and should be responsible for their work product.”).

Comment 3 to Model Rules of Professional Conduct Rule 5.3 states that an attorney who uses nonlawyer assistance from outside his or her firm “must make reasonable efforts to ensure that the services are provided in a manner that is compatible with the lawyer’s professional obligations.” The efforts required depend “upon the circumstances, including the education, experience and reputation of the nonlawyer; the nature of the services involved; the terms of any arrangements concerning the protection of client information; and the legal and ethical environments of the jurisdictions in which the services will be performed, particularly with regard to confidentiality.” Id. at cmt. 3.

The word “liability” commands instant attention in this litigious age, but LegalResearch.com has not found it to be a problem. LegalResearch.com’s quality control processes ensure that such work is relevant, thoroughly researched, and painstakingly cited to appropriate authority. LegalResearch.com has never during its thirty-eight-year history encountered any sort of liability or malpractice problem related to the workproduct produced for its attorney-customers. LegalResearch.com’s commitment to quality maintains the company’s reputation for customer satisfaction and outstanding results.

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What People Say About Us

“Our office changed 25 years ago when we first used LRC. We learned that we could afford first-class legal research and writing in vibrant rural southern Colorado, could compete on a new level, and expand our clientele. Since then we are batting 1000 on the projects entrusted to LRC. For us they are a difference maker, whether we just need relevant citations, full national search, a memorandum, or drop in argument for a motion or brief. We rely on LRC as our go to legal assistant an highly recommend their services.”

Dennis M. Malone

Trinidad, Colorado

“The insurance company reversed their position 180 degrees after I sent your brief to them. They not only acknowledged coverage, but they offered both of my clients their full policy limits.”

Tony Elfelt

Anoka, Minnesota

“I have practiced law doing trial work for 44 years. This was absolutely one of the best briefs I have ever seen done by anybody.”

John Gehlhausen

Past President of Colorado Trial Lawyers Association

“I was in trial, just an hour away from closing arguments when the judge made a bad ruling on a jury instruction. I called at 12:15 P.M. and told you that I needed a case to support my position...within 45 minutes you provided me with the case, the judge gave the jury the appropriate instruction, and we won.”

Steven Cahill

Moorhead, Minnesota