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

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.

In my previous blog post, “Hoarding and Dabbling, Oh My,” I wrote about how the pandemic has resulted in a swift and dramatic transformation of the legal profession. This transformation has created new risk management challenges for many law firms, including hoarding legal work and dabbling in new practice areas. This blog post will focus on another area that may expose law firms to malpractice liability: not properly supervising associate lawyers.

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.