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A Release From a Client Doesn’t Always Work
July 17, 2015A recent Illinois case is instructive about the effectiveness of releases of malpractice claims from departing clients. In Construction Systems, Inc. v. FagelHaber, a law firm represented a construction company seeking payment for work on a commercial building project. The law firm filed a lien and litigation against the owner and general contractor Read the full post
Highlights from 2014 Large Firm Claim Survey
July 15, 2015An article in the Insurance Journal discusses findings in a recently completed survey of legal malpractice claims in 2014 at nine legal malpractice insurers covering about 80% of the top 100 US based law firms. Among the findings: Claim frequency appears to be about the same as 2013, but is below Read the full post
Texas Supreme Court upholds arbitration clause in legal malpractice claim
July 1, 2015Texas Supreme Court has upheld an arbitration clause in a fee contract, overturning a decision by the Corpus Christi court of appeals. We’ll post an analysis of this opinion and whether lawyers should use such clauses in the near future.
Innocent Partner Protection Doesn’t Apply to Insurance Application Misrepresentations
June 26, 2015Failure to report potential claims in an insurance application can result in a useless legal malpractice insurance policy. In Focus on Full and Accurate Disclosures on Your Legal Malpractice Insurance Application, Daily Business Review discusses a case in which the partner filling out an application failed to note a potential Read the full post
What To Do If Something Goes Wrong
May 20, 2015When a lawyer makes a mistake or is accused of making one, the initial reactions can affect the lawyer’s ability to defend or resolve the claim. Taking the wrong actions can compound expenses and liability; taking the right actions may avoid any payment whatsoever. This article discusses considerations in deciding Read the full post
Scheduling Errors and Legal Malpractice
May 20, 2015Scheduling errors are the root cause of many legal malpractice claims. It is common to think of scheduling errors as just missed deadlines, but such errors should also be thought of as failures to plan sufficient time to perform work. This article will look at the nature of scheduling errors Read the full post
The Relationship Between Legal Fees and Legal Malpractice
May 20, 2015Fees have a complex relationship with legal malpractice. While definitive statistics regarding the impact of legal fees on legal malpractice are not available, TLIE has noted that fee issues often provoke or aggravate legal malpractice claims. Learning methods to avoid fee issues can have a significant impact on loss avoidance. Read the full post
And When You Have Too Much Documentation…
May 19, 2015The cost of storing paper files indefinitely is expensive. A proper file retention policy can save your firm a lot of money. Here are five key points to keep in mind in creating file destruction policy: Have a plan. The worst thing you can do is to destroy files haphazardly Read the full post
Avoiding Malpractice with Proper Documentation
May 19, 2015Lawyers frequently fail to take the advice they give most often. The heart of most client consultations outside a litigation context is creation of proper documentation. Documentation suggested by a lawyer generally accomplishes several things for a client: Documenting can provide a checklist of things that should be done. Documenting Read the full post
Contingent Fee Case: What to do if the client suggests that a lawyer should reduce the fee because of legal malpractice
January 28, 2015An article on this subject in the Wisconsin Law Journal advises lawyers not to seek a release of malpractice liability from the client when disbursing the settlement if the fee is reduced. Texas ethics rules are very similar to Wisconsin on this issue. Texas Ethics Opinion 557 addresses the conflicts Read the full post