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Top 10 Malpractice Traps and Tools for
Avoiding Them
#ClioWeb
Agenda
1. Introduction
2. Top 10 Malpractice Traps
3. Helpful Tools
4. Questions
Introduction
#ClioWebJoshua Lenon, Esq .Clio
Malpractice
Lawyers can expect to face three malpractice claims
over the course of their practices
Source: ABA’s Standing Committee On Lawyers Professional Liability
Malpractice
1. To avoid the financial drain of defending claims.
2. For the protection of the public.
3. To protect the lawyer’s personal assets in the event of settlement or judgment.
Source: New Lawyer’s Guide to Professional Liability Insurance by Carolyn Elefant
Top 10 Malpractice Traps
#ClioWebMark Bassingthwaighte, EsqALPS
Mark Bassingthwaighte, Esq.
#1 Failure to Know or Properly Apply the Law
There is no such thing as a simple will or
simple contract.
Don’t overlook the related problem of
inadequate discovery and investigation.
ALPS
#2 Failure to Document Scope
• Don’t allow assumptions to be in play
• Memories are short
ALPS
ALPS
#3 Missed Deadlines
• Data Entry Errors• No File Review Dates• No Back-up Calendar• Last Minute Filings
#4 “Well What We Have Here Is a Failure to Communicate”
• Don’t overlook the basics
• Who has employed who?
ALPS
#5 Poorly Managed Client Relationships
• Every malpractice claim begins with a dissatisfied client
• It’s about courtesy, timeliness, professionalism & confidentiality
ALPS
ALPS
#6 Conflict Resolution Missteps
Of course do:• Establish a
conflicts system and access early
• Fully disclose all conflicts, thoroughly document conflict discussion and obtain written consent
But more importantly:
• Develop a Resolution Process
• If out, out for both• Don’t minimize the
risks – they’re more than what meets the eye!
#7 Neglecting the Business
• Firm in name only
• We are our partners keepers - MRPC 5.1– Trust accounts– LPL apps– Security
ALPS
#8 Forgetting to Take Care of One’s Self
• The importance of both balance and firm culture
• It’s ok to say no• Delegate
responsibly• Unplug
ALPS
#9 The Mistakes of Comfort
• Comfort in relationships– Clients– Staff– Partners
• Comfort in routines• Comfort in work product
ALPS
ALPS
#10 A Malpractice Counterclaim in Response to a Suit for Fees
• Don’t accept clients who can’t afford the services
• Call the client
• Take prompt action on delinquencies• Objective file review• Farm out collections
Helpful Tools
#ClioWebJoshua Lenon, Esq.Clio
Ethics Resources
1. State Ethics Opinions
2. Ethics Hotlines & Inquiries
Mentors
•Networking Groups
•Social Media Communities
•Local Bar Associations
•Professional Liability Insurers
Organization•Practice management services
•Contact information
•Notes
•Documents
•Calendars
•Tasks
Collaboration
•Online Document Generation
Communications
•Voice over IP (VOIP)
•Call Forwarding
•Social Media
Finances
•Accounting Services
•Financial Advice
•Payment Processing
Backup
•Physical media backups
•Online backup provides offsite redundancy
Questions?
#ClioWeb
