Although certain types of mistakes may commonly be at issue in legal malpractice claims, there generally is no such thing as a “garden variety” legal malpractice claim. Indeed, legal malpractice claims are so fact intensive that, even where the facts might seem straightforward on the surface, there are often unique circumstances that dictate whether the attorney will ultimately be found liable.

Moreover, because legal malpractice claims might seem like any other type of litigation, attorneys sometimes think that they can determine how to best respond to the threat of a legal malpractice claim without outside help. Unfortunately, attorneys lacking experience in defending legal malpractice claims may unknowingly make matters worse by taking actions that foreclose potential defenses.