Browsing through your inbox, you notice that the check from the insurance carrier you recently settled a claim with has arrived. Imagining all the wonderful things you can do with your portion of the proceeds, you pick up the phone to call your client and ask her if she wants to stop by the following day and pick up her portion. “How
Email has become the preferred method of communication for corresponding with colleagues and clients. Although writing an email is easy, lawyers need to avoid email pitfalls. By avoiding the common errors discussed below, your emails will remain effective and professional.
Tips to Avoid Email Pitfalls:
Failing to Promptly Respond
It is essential to do a thorough review of an email before sending it to the
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.
Our insured attorney represented debtors in a bankruptcy case. One of the pressing issues in the bankruptcy case was
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.
Claims made against attorneys who practice in the area of estate, probate and trust have been steadily increasing.
As the Baby Boomer generation ages, we are experiencing the largest generational transfer of wealth than at any other time in our history. While the Boomers are the wealthiest of all previous generations, they often lived with a “can’t take it with you” mentality.
As an attorney, not much seems worse than facing a malpractice claim. Having a financially sound, respected and dependable carrier, however, can make all the difference during such a stressful time. Knowing that insurance professionals are managing the defense of the claim and that your carrier will be there to fund any settlement or judgment against you is essential for your peace
In 2016, the ABA and Hazelden Betty Ford Foundation evaluated 12,825 practicing attorneys and revealed some troubling findings. The study found:
- 28% experience symptoms of depression
- 19% experience symptoms of anxiety
- 23% experience symptoms of stress
- 21 to 36% experience problematic drinking
The study also found that lawyers younger than 30 years of age and those working in the field for less than
Violations of Social Media Conduct
More and more lawyers are using social media to take advantage of the effortless accessibility to the public. With so many law firms and lawyers participating, it is wise to review the professional conduct rules governing communication and advertising. Understanding the rules while navigating the uncharted waters of social media can make the difference between great marketing and
Protect yourself with a double security protocol and remember to never send a wire based upon an email alone.
Fraudsters continue to successfully misdirect wire transfers by inserting themselves into email exchanges between parties of real estate and other transactions. Sophisticated fraudsters, however, are no longer just hacking a real estate broker or law firm’s computer server to commit this wire fraud. Fraudsters
Obviously avoiding errors and the associated risk of a malpractice claim is ideal. While understanding the trends and common errors that contribute to legal malpractice claims is important, taking proactive risk management steps, like sending engagement letters, is even more essential.
Risk management training and education services can help avoid claims, however they can be costly, especially for smaller firms or attorneys