The life of an attorney can be filled with WTF moments—many of which are avoidable.
The advent of social media (combined with a tough legal economy) has made some attorneys overzealous in their marketing attempts—resulting in chasing potential clients.
That can also lead to attorneys providing legal advice when they simply do not have enough information to render a professional opinion.
Rendering haphazard legal advice creates all sorts of problems—and none of them are of the good variety.
The life of a young solo attorney, or a new attorney, can be a difficult one. Among other challenges, you will constantly be faced with questions you don’t know the answers to.
Instead of guessing, or giving it your best shot, be honest about your knowledge, or lack thereof.
This holiday season, like all those before, will involve family dinners, parties with friends, days spent away from the office, and the possibility of committing legal malpractice. There are two general risks. The first are those that come from going to holiday parties. The second issue that comes up deals with taking time off, whether it’s a week or a day. Both scenarios can pose risks to the unwary, but with a little thinking ahead they are completely avoidable.
Apropos of this post, this chart from Minnesota Lawyers Mutual (a national insurer, despite the name) shows the number of malpractice claims according to years of experience. As you can see, lawyers with 10+ years of experience produce far more malpractice claims per policy than lawyers with fewer years of experience.
There are a few caveats. First, this doesn’t show ethics complaints. Also, the occurrence of an ethics complaint or a malpractice claim may or may not correlate to competence. And there are a number of reasons why lawyers with more experience (and therefore, a longer “tail” of clients) should have greater malpractice exposure. But what I think it is fair to say, based on this chart, is that new lawyers aren’t getting into hot water out of proportion to older lawyers.
“Oh, you’re a lawyer? Let me ask you something real quick…” Have you ever heard these simple words at a party or other casual situation? I’ve been a licensed attorney for about ten months and I get it all the time. The questions can be harmless, easy questions, or they can be complex legal matters. Either way, they pose dangerous ethical pitfalls. Say the wrong thing and you could open yourself up to professional reprimand or even a malpractice suit down the line. We’ve told you before about how to avoid the largest malpractice issues. But turning somebody away who wants your advice can be plain awkward. With these tips you can avoid most of the social awkwardness and hopefully all of the potential liability.
Malpractice claims against attorneys are on the rise. Projections from the American Bar Association suggest that new lawyers entering the practice of law can expect to face three malpractice lawsuits over the course of their careers.
Contrary to conventional assumptions, it is not the new lawyer or the old lawyer who draws the most complaints; most legal malpractice lawsuits are filed against attorneys with 11 to 20 years of experience. Plaintiff’s personal injury attorneys account for 20-25% of all malpractice claims (depending on whom you ask). real estate attorneys usually come in second, accounting for approximately 16-20% of claims, followed by personal injury defense attorneys, family law lawyers, and estate planning attorneys. Regardless of the practice area, every lawyer is vulnerable to a legal malpractice lawsuit at any point in his or her career.
As a practical matter, attorneys cannot control whether any given client decides to file a legal malpractice lawsuit. Every attorney can, however, reduce the risk of inviting a malpractice claim by employing a few simple but critical methods to decrease the chance of making common mistakes. Though there are many things attorneys can do to prevent malpractice lawsuits, the following five suggestions are the easiest for attorneys to manage.
As a solo practitioner with a practice less than one year old, I can understand the trepidation with which many people approach the idea of starting their own practices. But after working in terrible contract attorney positions and realizing the value I can produce, it was easy to become confident about my ability to start my own successful law practice. So here are some strategies that helped me overcome the major concerns.
Co-counsel arrangements can be a great way to expand your practice. Negotiating the best arrangement involves knowing the right questions to ask.
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Guest post by Maggie Green
Starting a law office can be a daunting and sometimes unmanageable task. As a new attorney starting a solo law practice, you’ve likely reviewed your bar association’s start-up guides and found no shortage of DIY books to help hang your own shingle. As you get closer to realizing your goal, be sure to keep the following three tips in mind: (1) find a mentor, (2) participate in volunteer activities, and (3) narrow the focus of your practice.
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