Being sued for legal malpractice can be terrifying. You may be left wondering how you will ever proceed once the claim is dealt with. If you fall into a situation like this, here is what you should do:
1. Notify your legal malpractice carrier immediately
Please do not wait until it is too late to notify your carrier. Whether it is as soon as you realize you made a mistake or when you get a letter from a client accusing you of an error, contact your carrier as quickly as possible.
2. Seek legal counsel
Your malpractice carrier may refer you to legal counsel or find some on your own. Ensure that you find someone who is experienced and knowledgeable about cases like yours.
3. Mitigate the damage
Take any steps you can to mitigate the damage of the malpractice claim. Do everything you can to keep the client from being harmed any further.
4. Withdraw from representation from that client
Explain to your client that you will discontinue representing them in court. For example, if they are filing a malpractice claim against you, they likely do not want you representing them anymore as is.
5. Cease direct communication with the client
Once you have withdrawn from representing the said client, you should cut off all communication with them.
6. Analyze what went wrong
The best way to avoid another malpractice claim is to recognize where you went wrong and never make the same mistake again.