How To Avoid The Legal Malpractice Claims
Attorneys can also be sued for attorney malpractice. As a lawyer of a law firm, you have a duty to act according to the rules and regulations that govern your practice. Any deviation can result in lawsuits or attorney malpractice claims. But how do law firms keep such an occurrence at bay?
Establish Proper Communication Guidelines
Clients deserve to be kept to date with the status of their case, whether a contractual dispute, patent issue, or asbestos liability; the attorney needs to pass relevant information to their client. Unfortunately, the need for communication can make or break a case. The lawyer must ensure timely communication of legal advice and related information to their client on time.
If the lawyer fails to do their due diligence regarding documentation and communication, they are at risk of being sued. Surprisingly, a law firm can also get a stubborn client who does not return calls or messages on time, thus jeopardising their case. For such a scenario, attorneys should establish stricter communication protocols to curb any threat to communication barriers.
The easy flow of information is crucial to a case’s trajectory. An attorney needs to build a watertight case to guarantee their client justice in the appellate court. So, that openness between the two parties coupled with the client’s readiness and consistency in providing the necessary evidence is essential.
Mark Your Calendar
Attorney malpractice claims can be avoided by simply calendaring well. Any lawyer needs to have an organised calendar that spells out the activities of their daily law practice. Besides, committing to accomplishing all the tasks and attending meetings scheduled in your calendar should be the norm. That discipline will prevent a lawyer from meeting deadlines that might result in a legal malpractice claim.
To mark your calendar well as a lawyer, you can delegate this responsibility to a competent secretary. The legal assistant will have a clearly marked calendar that keeps you in check with reminders to attend meetings and legal events. Besides, you can capitalise on artificial intelligence tools that allow you to easily tailor your calendar in a way that allows you to meet all deadlines.
Proceed With Caution In Uncharted Waters
Taking up a legal matter or case that is not your forte can beckon that attorney malpractice. For instance, if you find yourself handling a patent dispute despite having limited experience in this matter, it can increase the risk of making mistakes that warrant a legal malpractice claim. So, doing intense research on such a case is essential. Collaborating with well-versed legal minds in intellectual property law will help you navigate the case and guarantee your client justice.
Lawyers should not be impulsive when signing up for a case or choosing clients. Despite the need for money through payment of attorney fees to keep the law firm afloat, due diligence should be done before representing that client with a complex civil litigation case. Ensure you have an in-depth understanding of the case you will be potentially handling. Do not bite more than you can chew.
Do Not Build Castles In The Air
Regarding winning clients, some lawyers can go overboard with their promises to rack in the attorney fees. That drive leads to exploitation and activities that generate attorney malpractice claims. Lawyers can avoid the shame of failing their clients by simply being reasonable and not giving out outrageous promises. Winning a client is not always a walk in the park, but you should not lie to have a day in court.
Lawyers are mandated to fight for their clients’ rights in court. Despite this noble legal responsibility, law firms should not bombard their clients with illusions that will turn justice into a mirage. Telling their clients the truth is an attribute attorneys should learn by heart.
Conclusion
A legal malpractice claim can be a big stain on the reputation of any lawyer or law firm. It can undo all the achievements duly owned by the attorney. However, there is a way to ensure that legal malpractice claims never reach your desk. Marking your calendar, taking up cases within your scope, collaborating with competent lawyers, maintaining clear communication guidelines, and telling your clients the truth will help you avoid lawsuits that emanate from malpractice. You have to ensure you are on the right track.