This is the basic outline for a CLE seminar for lawyers on preventing malpractice by themselves while handling litigation.  The entire subject matter outlined below, if presented as a discussion of relevant factors for both plaintiff and defendant will ordinarily take three hours. It can be cut down to a one or a two hour seminar.

Ethical Consideration and Malpractice Prevention
 in Handling Litigation.

• Professional Malpractice/Negligence

• Breach of Fiduciary Duty

• Constructive Fraud

• Intentional Torts

• Disciplinary Rule Violations

2. Identifying the Client

• Individual as Client

• Organization as Client

• Insurance Defense

3. Insurer Liability

• Duty to Settle Within the Policy Limits

• Bad Faith

• Insurance Code Liabilities

• Liability for Acts of Defense Counsel

• Assignability of Bad Faith Claims

4. Drafting the Settlement Agreement

• Release

• Indemnities

• Consideration

• Confidentiality

• Successors and Assigns

• Severability

• Liens and Subrogation Interest

• Minor Settlements

• Mary Carter Agreements

• Silencing/Acquiring Testimony