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Good client communications can be the key factor in bringing a quick end to a malpractice claim or avoiding one altogether.

When a legal malpractice plaintiff claims in court that “I thought my attorney was going to take care of that for me,” or “I would have accepted that last settlement offer had I known my case was weak,” the case will often turn on a jury’s judgment about who is telling the truth. These situations create inherent “fact issues” that can prevent summary judgment.

Legitimate misunderstandings can occur between lawyers and clients, and people can have unexpressed expectations. Putting important communications in writing can ensure everyone is on the same page regarding what the lawyer is doing and not doing, and why, as well as costs. Clarity on these important issues is good for all parties.

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