Most malpractice claims involve a client suing their lawyer, but that’s not always the case. Nontraditional legal malpractice claims can also go far beyond the usual allegations of a missed statute of limitations deadline, failure to correctly interpret the law or breach of contract.
Other risks exist that can put your future in jeopardy, particularly because many attorneys will look at a nontraditional
Most lawyers don’t have a crystal ball sitting on their desk. But every lawyer should know the signs that suggest something might be off about a client and understand their duty to investigate under the applicable ethics guidelines.
Unfortunately, some individuals do engage with legal professionals to defraud institutions, commit crimes or launder money. Lawyers are held to high standards and the consequences
Everyone has had bad days and said something they later regret. However, for lawyers and law firms, incivility carries added risk—especially when the behavior becomes habitual.
Incivility in the practice of law can lead to adverse outcomes in case matters, accusations of legal malpractice, claims of ethics violations, hostile workplace cultures, adverse health effects and a generalized lowering of the public’s esteem for
Many courts view the misappropriation of client funds as one of the most serious forms of professional misconduct. While many attorneys would prefer to direct most of their focus to their performance in the courtroom, serious consequences can result from accounting mistakes and inaccuracies, even when there has been no intent to deceive or defraud a client.
Attorneys are held to a high
Like many attorneys, there may be times where you routinely include fee shifting provisions in your attorney-client retainer agreements. However, these agreements may not be appropriate in every case or for every law firm. Before you proceed, take time to understand the benefits and risks a fee shifting provision may entail.
Fee shifting provisions are generally intended to help
As an attorney, it’s not unusual for friends and family to reach out to you for help with some fast and free legal advice. While it may seem natural to use your knowledge to help answer their questions, it’s a situation that could end in a lawsuit without the proper protections.
Attorneys are held to high standards of professionalism that apply even when
Texting can help facilitate scheduling, reminders and quick communications, while also giving clients a positive impression that you’re friendly, accessible, committed to providing the best legal representation.
However, text communications may pose a substantial exposure for attorneys. If you text with your clients, it is important to consider these four factors to manage your risk:
According to communication studies, 95% of texts are
When it’s practiced consistently, good client screening can reduce the risk of engaging in representation with an undesirable client or on a matter inconsistent with the firm’s areas of expertise. No firm wants to get bogged down chasing unpaid bills or trying to attend to the needs of a high-maintenance client.
With a well-developed initial client screening process, you can help avoid potential
Each law firm is unique, with different clients and case matters. While all firms face some risk of a malpractice claim, some areas of law are more risky than others. The best way to manage the specific risks you face is to understand them. Here’s what you should know about a new study ranking the top 10 legal malpractice claims.
In the wake of the pandemic, the adoption of cloud technology and remote workforces in the legal sector is accelerating, prompting lawyers and law firms to manage new and emerging risks.
There will always be growing pains during a digital transformation. Lawyers will have to navigate bugs and technical difficulties, technologies will be discontinued or replaced, and hackers and scammers will try to