Join ALPS' Risk Manager, Mark Bassingthwaighte, and Clio's Joshua Lenon as they discuss strategies and tools that lawyers can implement to mitigate common malpractice issues.
4. Malpractice
Lawyers can expect to face
three malpractice claims
over the course of their practices
Source: ABA’s Standing Committ
On Lawyers Professional Liability
5. Malpractice
1. To avoid the financial drain of defending
claims.
2. For the protection of the public.
3. To protect the lawyer’s personal assets
in the event of settlement or judgment.
Source: New Lawyer’s Guide to
Professional Liability Insurance
by Carolyn Elefant
8. #1 Failure to Know or Properly
Apply the Law
There is no such thing as a simple will or
simple contract.
Don’t overlook the related problem of
inadequate discovery and investigation.
ALPS
9. #2 Failure to Document Scope
• Don’t allow
assumptions to be
in play
• Memories are short
ALPS
11. #4 “Well What We Have Here Is a
Failure to Communicate”
• Don’t overlook the
basics
• Who has employed
who?
ALPS
12. #5 Poorly Managed Client
Relationships
• Every malpractice
claim begins with a
dissatisfied client
• It’s about courtesy,
timeliness,
professionalism &
confidentiality
ALPS
13. #6 Conflict Resolution Missteps
Of course do:
• Establish a conflicts
system and access
early
• Fully disclose all
conflicts, thoroughly
document conflict
discussion and obtain
written consent
But more importantly:
• Develop a Resolution
Process
• If out, out for both
• Don’t minimize the
risks – they’re more
than what meets the
eye!
ALPS
14. #7 Neglecting the Business
• Firm in name only
• We are our partners keepers - MRPC 5.1
– Trust accounts
– LPL apps
– Security
ALPS
15. #8 Forgetting to Take Care of
One’s Self
• The importance of
both balance and
firm culture
• It’s ok to say no
• Delegate
responsibly
• Unplug
ALPS
16. #9 The Mistakes of Comfort
• Comfort in relationships
– Clients
– Staff
– Partners
• Comfort in routines
• Comfort in work product
ALPS
17. #10 A Malpractice Counterclaim in
Response to a Suit for Fees
• Don’t accept clients
who can’t afford the
services
• Call the client
• Take prompt action on
delinquencies
• Objective file review
• Farm out collections
ALPS