In 2009 the Kentucky Supreme Court substantially revised the Kentucky Rules of Professional Conduct.
Articles in this index written before 2009 citing Kentucky Rules of Professional Conduct must be checked for any changes to the rule cited.

Developing Malpractice Issues: Failure to do Computer Research

Download

When will failure to do legal research using the resources computers offer become legal negligence? With increasing real time legal information available on the internet that day draws near. A good example is a products liability case that the trial judge dismissed because it was preempted by federal law. No appeal was timely made. Just 85 days later the Supreme Court limited the preemption defense. When the plaintiff’s lawyer attempted to reopen the litigation the 7th Circuit Court of Appeals ruled: “Ignorance of the Supreme Court’s docket, although ‘neglect,’ is not ‘excusable’ – it is nothing but negligence, which does not justify untimely action.” (Norgaard v. DePuy Orthopaedics, Inc., 121 F.3d 1075 (7th Cir. 1997). To keep up with fast breaking legal news and avoid getting caught short like the lawyer in Norgaard it is critical that lawyers routinely use CALR as a matter of competent client representation and careful risk management.

 


323 West Main Street, Suite 600 | Louisville, Kentucky 40202 | Phone: 502-568-6100 | Fax: 502-568-6103

Disclaimer: The contents of this Web site are intended for general information purposes only and should not be construed as legal advice or legal opinion on any specific facts or circumstances. It is not the intent of this Web site to establish an attorney’s standard of due care for a particular situation. Rather, it is our intent to advise our policyholders to act in a manner which may be well above the standard of due care in order to avoid claims having merit, as well as those without merit. In the event any statement on the Web site differs from a statement in an issued policy the policy will control.

SITE BY SCARNEGIE INTERACTIVE, LLC