The American Bar Association reports that as many as four out of five lawyers get sued in their careers. These numbers can be concerning for attorneys. Charlene S. Seibert of Marshall Dennehey Warner Coleman & Goggin shared important information on what to do and not to do when you are the target of legal malpractice litigation with professional liability underwriting society in a recent blog post.
Ms. Seibert shared some great tips.
- Give yourself a break. Getting sued does not make you a bad lawyer.
- Do not mislead your client. A simple negligence case can escalate when a lawyer is less than truthful with their client.
- You have resources, and you should use them. Many state bar associations have ethics hotlines for members. Some insurance carriers offer claims assistance or repair hotlines. Check for what you may have access to through your community.
- Withdraw from the representation on record. A surprising number of lawyers forget this step.
- Cooperate with the client and successor counsel. Make sure to keep precise copies of what is furnished to the client upon termination, but do cooperate.
- Think hard before filing a suit to recover fees. There can be ramifications, including counterclaims filed resulting from this type of suit. Consider all options before moving forward with a lawsuit.
Understanding your lawyers’ professional liability policy and seeking help when needed are essential factors to consider if you find yourself the target of a lawsuit. For more details on the above steps, please check out the full article here.
Here at AdvoCap Insurance Agency, Inc., we understand the vital work that Plaintiff’s Attorneys do, and we want to be a helpful resource. If you need a policy review or additional details about the coverage you may need associated with professional liability, please give us a call.
Photo Credit: kzenon, 123rf.com
