How to Avoid Legal Malpractice

An attorney can be as vulnerable to being sued as anyone else; in fact, since attorneys are constantly using their services on behalf of clients who may be unsatisfied with the outcome of their case, attorneys are at a higher risk of being sued for malpractice than people in most other professions. There are steps that practicing attorneys can take, however, to avoid leaving themselves open to malpractice lawsuits.

• 1

  Have a consultation with potential clients before making the decision whether to represent them. In this consultation, you should have a conversation with the potential client to gain a clear understanding of their needs and what they plan to achieve by working with you.

• 2

  Allowing a client's claim to expire because the statute of limitations has run out is clearly below the standard of care expected in the legal profession and is grounds for a malpractice suit. Determine the date of the statute of limitations (or date of prescription, if you are in Louisiana) of a client's claim during the very first communication. This is important because after the statute of limitations has passed, his claim will have expired and it will be impossible to bring a lawsuit. If you have agreed to represent the client and allow the claim to expire, you will automatically be considered guilty of legal malpractice.

• 3

  Send the client a record of all work done on his behalf. This way, the client is aware that you are working on his case even though there may not be significant progress in the matter.

• 4

  Avoid conflicts of interest that occur when working on representing two or more clients with a stake in the same matter such as employers and employees, business partners, or heirs to an inheritance. You should refrain from any representation of clients that conflict but, if each client insists, discuss the conflicts that may arise and have each client sign a document stating that they understand the potential for a conflict to arise. Never advise any one of your clients to the detriment of the other.

• 5

  Secure and maintain legal malpractice insurance to absorb the cost of damages that may occur in the event that a client files a suit against you or your firm for malpractice.