Lawyers have an obligation to obtain information from other professionals when necessary to competently represent clients, but ensuring the accuracy and reliability of that information is also part of lawyers’ duty to their clients.
Even lawyers with tight schedules will reduce their malpractice risk by taking the time to ensure that they and staff members are effectively using the most appropriate practice-management software and technologies for their practices.
Lawyers might unintentionally expose themselves to malpractice liability through insufficient caution or lack of care with case-management details in many situations, including when settling claims, helping clients with business deals, or failing to comply with statutes of limitation.
Unbundling legal services and providing only the assistance clients want and can pay for is acceptable, as long as lawyer and client clearly understand and abide by the representation’s scope.
Some lawyers see opening their own law firms as their only option to gain work, given that there are more lawyers than there are legal job openings. If you’re thinking about going solo, here are a few things to consider.
Suits against clients for unpaid fees are not strictly off-limits, but lawyers should thoroughly evaluate each potential case to determine if the fees at issue justify both the costs and the possibility the attempt will not succeed.
Malpractice insurance policies provide coverage for matters first made against a policyholder and reported in writing to the insurance carrier during the policy period. Don’t hesitate to report a problem; failure to report can mean the loss of coverage.
The economy – although slowly recovering – is still affecting malpractice claims. Not only does the frequency of malpractice claims go up as the economy goes down but different practice areas are more vulnerable to claims than others.