Top 10 Malpractice Traps and Tools for Avoiding Them

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

•Email

•Social Media

Finances

•Accounting Services

•Financial Advice

•Payment Processing

Backup

•Physical media backups

•Online backup provides offsite redundancy

Questions?

#ClioWeb

[email protected]@Joshualenon

Thank You

www.goclio.com@goClio

Smallfirminnovation.com

@SFInnovation