Facing Legal Malpractice Claims: Proactive Measures for Lawyers

Our July Legal Malpractice Awareness Month would not be complete without some discussion about legal malpractice claims. I get asked a lot about claims and if there are really a lot of lawyers who get sued for legal malpractice. I always answer the same way: yes, there are a lot of claims filed against lawyers.

I recently had a discussion with a legal malpractice claims analyst, and he commented that the insured’s question or concerns today should not be “if I get sued, but rather “when I get sued and how many times.” I think that sums it up: lawyers being sued is not uncommon, and it does happen with frequency.

I believe that the reason most people don’t hear about lawyers being sued that often is that most lawyers don’t want to talk about it. It is not a pleasant experience to have your work questioned or accused of making a costly mistake. I understand that.

If you do find yourself in the position where someone is alleging that you made a mistake on their case or you find on your own that you made a mistake, don’t make it worse by ignoring it or hoping it goes away. It never does, and refusing to acknowledge it will only make it worse.

There is no scarlet letter, no stoning, and no public humiliation for reporting a claim. Chances are, several of your colleagues have gone through the same thing. Call your carrier, the hot line, or your broker. Get the issue reported immediately so you can get the right people involved early on. You will be glad that you did.