A legal malpractice claim can be disconcerting, time consuming, expensive, and disruptive to a litigation attorney’s practice, but there are many simple risk management techniques that can be taken by any litigation practitioner that can significantly help prevent common legal malpractice claims.
Every few years, the American Bar Association’s Standing Committee on Lawyers’ Professional Liability conducts a survey of legal malpractice claims. According to the most recent survey conducted in 2019, issues related to client relations, which include the failure to follow client’s instruction, failure to obtain consent and/or inform the client, and improper withdrawal from representation, account for 16.70% of all legal malpractice claims. As such, the simple act of improving client relations can significantly reduce an attorney’s chances of having a legal malpractice claim brought against her.
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