Top 10 Lawyer's
Malpractice
Traps
1) Missing
Deadlines:
Prevent with an office
wide calendar and
practices.
2) Stress and
Substance Abuse:
Improve
communications and know
the warning signs.
3) Poor
Client Relations:
Explain, in writing,
maintain good
communications, document
everything.
4)
Ineffective Client
Screening:
Develop
questions to winnow out
undesirable clients.
5) Inadequate
Research and
Investigation:
Errors account for more
than 46% of
claims. Prevent with
methodical research and
procedures.
6) Conflicts
of Interest and
Conflicts of Matter:
Maintain a database to
match names and check
for exposures.
7)
Inappropriate
Involvement in Client
Interests:
Avoid business or
personal involvement
with clients.
8) Lack of
Adequate Documentation
of Work:
Prevent by following
office procedures.
9) Zealous
Efforts to Collect a
Fee: Don't
sue for
fees - it can cost more
in counterclaims.
10)
Unwillingness to Believe
You May Be Sued:
The chance of a lawsuit
is between 4 and 17
percent. Be aware of
the risk.
Source:
American Bar
Association,
"Desk Guide
Legal Malpractice"