Navigating legal practice can resemble sailing on a stormy sea. An iceberg may threaten the strength and journey of a ship, similar to malpractice. By understanding the makeup of the iceberg you can better avoid it, and the same can be said for malpractice claims.

A brief conversation with PLF Claims Attorney Bradley Tompkins about common malpractice risks and how to handle them

Meeting with a potential client may sometimes feel like walking a tightrope. It can be difficult to end the intake without any misunderstandings or unintended promises. When someone believes an attorney-client relationship has formed but you do not, a real danger exists. As the attorney, it is your role and responsibility to clearly communicate when an attorney-client relationship is established and when it is not, no matter the marketing medium.

Many malpractice claims arise from a client’s or third party’s allegation about what occurred, or didn’t occur, during the representation. While it may not seem necessary to document things that did not occur, or in situations involving third parties rather than just your client, proper documentation of these events can help protect you from certain malpractice traps.

It’s fairly easy for clients to fire their attorney. Some clients might issue an overt announcement like “you’re fired!” Others might just make a polite statement that sounds more like a request such as, “Would you please give me my file so I can find another lawyer?” On the other hand, it’s not always easy for lawyers to fire their clients.

COVID-19 has pushed many lawyers to quickly transition to a remote work environment and digitize their law practice. The swift and drastic transformation of the legal profession has created new risk management challenges for lawyers as they navigate different ways to run their business and deliver legal services. This blog post will explore some of the risks lawyers face when trying to get new clients and retain existing ones during the COVID-19 era.

Let’s start 2020 off with some wishful thinking: if only there were a silver bullet to solve all issues that lead to legal malpractice claims. Wouldn’t that be great? If only lawyers were better at calendaring deadlines. If only lawyers thoroughly understood and correctly applied the law. If only they meticulously documented their files. If only….

How you manage your files can present a malpractice risk. Proper file management can help you reduce the risk because it allows you to find the documents you need and encourages documentation.