February 2019 - Lockton Affinity Lawyer

The Importance of File Documentation

Swiss Re recently experienced a complex, high exposure case related to improper file documentation. The case likely would not have been pursued if the insured had properly documented their client file.

To prevent experiencing a similar case, read on for proper file documentation tips.

Case Background

Our insured attorney represented debtors in a bankruptcy case. One of the pressing issues in the bankruptcy case was

Withdrawing from a Case

Withdrawing from a case usually comes from irreconcilable differences between attorney and client. The manner and means of terminating that relationship can affect the likelihood that a malpractice claim will be presented.

First, know and follow the procedures applicable in your jurisdiction. Many states, like California, provide in their own Rules of Professional Conduct when withdrawal is mandatory and when it is permissive.