Justia Connect Webinars No Attorney Stands Alone: Recognizing the Complexities of Law Firm Operations and Legal Malpractice Exposures

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Overview AI Webinar Summary

No Attorney Stands Alone: Recognizing the Complexities of Law Firm Operations and Legal Malpractice Exposures

Running a law practice is much different than lawyering and includes the entire law firm enterprise. Whether you are a solo practitioner operating your practice with minimal support staff, or an attorney practicing in an international mega law firm, compliance with Rules 1.6(c), 5.1, 5.2, 5.3 and 8.4(a) of the Model Rules of Professional Conduct is prevalent in both settings as are the legal malpractice and attorney disciplinary exposures. In this program, we will consider our obligations under the Model Rules and also take a look at these exposures from a broad perspective, focusing on junior associates, interns/externs, law firm support staff, outside vendors and the emerging enigma of artificial intelligence.

Learning Objectives:

Identify the range of internal and external contributors to law firm operations & understand how various roles, from attorneys to vendors, impact legal service delivery and malpractice exposure.
Recognize common malpractice risks associated with inadequate supervision and vendor management & learn how failures in oversight, training, and contract review can lead to ethical violations and liability.
Apply ABA Model Rules and ethics opinions to real-world scenarios involving support staff and technology & explore how legal professionals must supervise nonlawyers and responsibly integrate technology like AI into practice.
Implement risk control strategies to mitigate exposure and enhance operational efficiency & develop actionable steps for training, communication, and vendor oversight to reduce malpractice risks.

Duration of this webinar: 60 minutes

Originally broadcast: December 5, 2025 11:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

Tracy Kepler, the speaker, is introduced as the Risk Director for CNA's Lawyers' Insurance Program, focusing on risk control services. Tracy outlines the scope of the presentation, emphasizing its educational purpose and the importance of considering the broader legal practice environment.

05:13 Mapping the Legal Universe

Tracy discusses the importance of recognizing the various contributors to a law firm's success and the associated risks. She highlights the need for understanding supervisory responsibilities and vendor management, particularly in relation to AI. The discussion emphasizes the collaborative nature of legal practice and the need to assess malpractice exposures. Tracy encourages lawyers to evaluate their practice's risk factors and consider the broader implications of their professional relationships.

12:23 Supervisory Responsibilities and Ethical Conduct

Tracy explains the significance of supervisory responsibilities and ethical conduct within a law firm. She discusses the ABA Model Rules, particularly Rule 5.1, which outlines the responsibilities of supervisory lawyers. The importance of implementing policies and procedures to manage risk and ensure compliance with ethical standards is emphasized. She stresses the need for a firm to foster an ethical atmosphere and provide training and mentorship to staff. Tracy highlights the role of firm size and experience in determining the appropriate measures for risk management. The discussion includes the responsibilities of subordinate lawyers and the importance of addressing ethical concerns proactively.

38:45 Legal Support Staff and Risk Management

Tracy emphasizes the critical role of legal support staff in managing malpractice risks and maintaining ethical standards. The discussion highlights the responsibilities of support staff in client communication and managing critical tasks. The importance of addressing client complaints and fostering open communication within the firm is emphasized. Tracy provides examples of malpractice cases involving support staff errors and highlights the importance of addressing workload issues. She recommends proactive measures for supervision and risk management, including education and maintaining a culture of psychological safety.

51:55 External Vendors and Technology Considerations

Tracy discusses the role of external vendors and the importance of supervising their work to manage risks. She emphasizes the duty of confidentiality and the need for conflict checks when engaging external vendors. The discussion highlights the potential for malpractice exposure due to vendor errors and the importance of monitoring vendor activities. Tracy recommends using confidentiality agreements and addressing vendor-related issues in client engagement letters. She stresses the importance of technology strategies and understanding the risks and benefits of relevant technologies.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speaker

Tracy L. Kepler Director of Risk Control Consulting
CNA's Lawyers Insurance Program

Tracy L. Kepler is the Director of Risk Control for CNA’s Lawyers’ Insurance Program. In this role, she leads the lawyers’ professional liability team, is accountable for business results through delivery of risk control services and designs and develops content and distribution of risk control initiatives relevant to the practice of law. Tracy reviews and directs the evaluation and assessment of loss exposures and the application of risk control policies, guidelines, regulations, and drives the resolution of risk control issues and problems. She also collaborates with the underwriting and claims teams to develop and execute strategies for the profitable growth of the program. Read More ›

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 Legal Ethics

Earn Credit Until: June 30, 2026

Illinois CLE

Status: Approved

Credits: 1.00 Professional Responsibility

Earn Credit Until: December 31, 2026

Louisiana CLE

Status: Approved

Credits: 1.00 Legal Ethics

Earn Credit Until: December 31, 2026

New Jersey CLE

Status: Approved

Credits: 1.20 Ethics/Professionalism

Earn Credit Until: October 23, 2026

North Carolina CLE

Status: Approved

Credits: 1.00 Ethics

Earn Credit Until: February 28, 2026

Oklahoma CLE

Status: Approved

Credits: 1.00 Legal Ethics and Professionalism

Earn Credit: February 1, 2026 – February 1, 2027

Pennsylvania CLE

Status: Approved

Credits: 1.00 Ethics, Professionalism, or Substance Abuse

Earn Credit Until: December 31, 2027

Texas CLE

Status: Approved

Credits: 1.00 Legal Ethics/Professional Responsibility

Earn Credit Until: November 30, 2026

Washington CLE

Status: Approved

Credits: 1.00 Ethics and Professional Responsibility

Earn Credit Until: December 4, 2030

This presentation is approved for one hour of Legal Ethics CLE credit in California, one hour of Professional Responsibility CLE credit in Illinois, one hour of Legal Ethics CLE credit in Louisiana, one hour of Ethics CLE credit in North Carolina, one hour of Ethics, Professionalism, or Substance Abuse CLE credit in Pennsylvania, and one hour of Ethics and Professional Responsibility CLE credit in Washington. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. Of these, 1.20 qualify as total hours of credit for Ethics/Professionalism. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours, of which 1.00 credit hours will apply to Legal Ethics/Professional Responsibility credit.
This presentation is approved for one hour of Legal Ethics and Professionalism CLE credit in Oklahoma from 2026-02-01 to 2027-02-01.

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