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Practical Tips for Avoiding Conflicts of Interest
March 10, 2022Conflicts of interest are a consistent source of legal malpractice claims. In a study of TLIE’s claims between 1996 and 2001, 16.4% of all claims reflected an allegation of conflict of interest, with 22.5% of all losses and defense costs involving a conflict of interest. In this Article, we provide Read the full post
Wellness Tips for Lawyers Struggling with Mental Health or Substance Abuse Issues
February 15, 2022The Legal Profession has a Problem Mental health issues and substance abuse are pervasive within the legal community, and studies consistently show that they affect lawyers at a higher rate compared to the general population. A 2016 landmark study from the Journal of Addiction Medicine underscores this fact with some Read the full post
Are You Adequately Protected? Understanding the Perils of being Underinsured
January 21, 2022Attorneys who assume that obtaining legal malpractice insurance will adequately protect them from any type of claim arising in connection with the operation of their law practice may be in for a rude awakening. Consider these scenarios. An attorney opens a phishing email, or opens an email from someone whose Read the full post
Mistakes Happen: Don’t Make It Worse
December 8, 2021Even the most diligent attorneys can make mistakes. Mishandling of mistakes, however, is entirely preventable. And failure to properly handle mistakes may make things far worse, including potential disciplinary proceedings, loss of coverage under your malpractice policy, additional causes of action and damages in a legal malpractice claim, not to Read the full post
Part Two: Steps to Avoid Malpractice Claims for Plaintiffs’ Lawyers
October 5, 2021This Article is our follow-up to our Part I on Steps to Avoid Malpractice Claims for Plaintiffs’ Lawyers. In this Article, we expand on some of the most common ways that plaintiffs’ attorneys may find themselves defending a malpractice claim, and provide some suggestions on how to avoid them entirely. Read the full post
Part One: Steps to Avoid Malpractice Claims for Plaintiffs’ Lawyers
August 24, 2021While none of us are infallible, malpractice claims can be avoided in most situations. Here are some of the most common ways that plaintiffs’ attorneys can find themselves in hot water, as well as suggestions as to how to steer clear of a legal malpractice claim. 1. PROPERLY CALENDAR EVERYTHING Read the full post
Tips to Avoid Malpractice during the Coronavirus Pandemic
March 31, 2020Working remotely during the COVID-19 pandemic presents unique challenges for lawyers who must navigate ethical and malpractice considerations as well as changes to the work environment and court systems. Texas Lawyers’ Insurance Exchange offers these suggestions to help you avoid malpractice and ethics problems during this public health crisis. Communicate Read the full post
Mental Impairment, Discipline and Legal Malpractice
August 26, 2015Mental impairment, whether due to substance abuse, mental illness, or advancing age, contributes to a significant number of legal malpractice claims and disciplinary actions. It is estimated that 15-18% of lawyers have a chemical addiction, and 50-70% of disciplinary actions involve substance abuse. Studies by the Oregon Bar have indicated Read the full post
Malpractice Claim filed in 1998 results in $935,000 award
August 19, 2015A Connecticut law firm accused of failing to advise the spouse of a client about her potential survivor benefits suffered a $935,000 jury verdict recently. The underlying injury to the spouse occurred in 1991, the malpractice case was filed in 1998, and the malpractice case went to trial in 2015. Both Read the full post
Difficulties in Defending Legal Malpractice Claims with Low Limits
July 20, 2015If you are trying to decide what lawyers’ professional liability limit is appropriate, and article entitled Walking the Tightrope: Defending Low Limit Legal Malpractice Cases is worth a read. Policy limits usually include defense costs in the limits. With such a depleting limits policy, insureds, insurance companies and defense counsel can Read the full post