Home / Blog

What To Do If Your Practice Is Facing A Legal Malpractice Claim

You may be panicked if you have just received news that a legal malpractice claim has been filed against you. This reaction is understandable, and how you handle things from now can significantly impact the case’s result. Here is what you should do:

1. Contact your malpractice carrier immediately.

You should contact your malpractice carrier as soon as you believe a legal malpractice claim may be on the horizon. Whether you realize you made a mistake or a client falsely accuses you of doing so, notify your carrier. Some carriers can only allow coverage if you report a claim promptly.

2. Seek legal counsel.

Although you are an attorney, you should not go through this alone. Your carrier may have someone they recommend, or you may know who to call. This can be a very emotional time; listen to their advice.

3. Mitigate the damages.

Take any reasonable steps to lessen the malpractice suit damages to you, your clients, and your firm. See what you can do to keep your client from being harmed or harmed any further.

4. Withdraw from representation if you are still engaged.

Completely remove yourself from representing the said client. After doing so, provide the client with their file and document a receipt of the file for your bookkeeping.

5. Cease all direct communication with said client.

After withdrawing from representing the said client, you should discontinue direct communication with them. Instead, communicate with your legal counsel.

6. Analyze what went wrong in the case.

The right tools and carefulness can prevent nearly half of all legal malpractice claims. Take note of where things went wrong and how you can prevent this from happening again.



What To Do If Your Practice Is Facing A Legal Malpractice Claim