Definition of malpractice
Professionals such as lawyers, doctors, dentists or accountants are said to be involved in malpractice if they indulge in negligence or misconduct during the performance of their professional duties. Malpractice also includes the failure to meet standard of care or standard of conduct as recognized by the concerned profession resulting in the client or patient injured or damaged because of error.
Malpractice against professionals has increased rapidly with a number of suits being filed every other day with most malpractice suits being filed against lawyers and doctors (especially surgeons) for their negligence when performing their duties. An increase of malpractice awards against doctors is leading to higher insurance premiums and forcing some insurance companies to stop writing malpractice policies as a whole. The four areas of legal malpractice that emerge include-
Stopping legal malpractice before it begins
Lawyers or attorneys need to conform to standards of conduct recognized by the legal profession. They are bound to act with honesty, good faith, fairness, fidelity and integrity with their clients. Clients should also be proactive in telling their lawyers if they believe that something is wrong when presenting the case. Legal malpractice can be avoided if the clients set forth their expectations in advance and by maintaining open communication with the concerned lawyer throughout the representation.
Clients do have the responsibility of hiring not only qualified attorneys but also ensuring that the concerned attorneys understand what the clients want them to do. It is not logical to assume on the part of a client that his/her attorney will automatically know the mind of his/her client. Communication is a two way street and both lawyer and his/her client should communicate with each other thoroughly on legal issues without any hassles.
Lawyers should follow the top three rules to avoid legal malpractice as explained below to avoid a legal malpractice claim.
Professionals such as lawyers, doctors, dentists or accountants are said to be involved in malpractice if they indulge in negligence or misconduct during the performance of their professional duties. Malpractice also includes the failure to meet standard of care or standard of conduct as recognized by the concerned profession resulting in the client or patient injured or damaged because of error.
Malpractice against professionals has increased rapidly with a number of suits being filed every other day with most malpractice suits being filed against lawyers and doctors (especially surgeons) for their negligence when performing their duties. An increase of malpractice awards against doctors is leading to higher insurance premiums and forcing some insurance companies to stop writing malpractice policies as a whole. The four areas of legal malpractice that emerge include-
- Negligent errors
- Professional relationship negligence
- Disputes pertaining to fees
- Claims filed by an adversary or non client against a lawyer
Stopping legal malpractice before it begins
Lawyers or attorneys need to conform to standards of conduct recognized by the legal profession. They are bound to act with honesty, good faith, fairness, fidelity and integrity with their clients. Clients should also be proactive in telling their lawyers if they believe that something is wrong when presenting the case. Legal malpractice can be avoided if the clients set forth their expectations in advance and by maintaining open communication with the concerned lawyer throughout the representation.
Clients do have the responsibility of hiring not only qualified attorneys but also ensuring that the concerned attorneys understand what the clients want them to do. It is not logical to assume on the part of a client that his/her attorney will automatically know the mind of his/her client. Communication is a two way street and both lawyer and his/her client should communicate with each other thoroughly on legal issues without any hassles.
Lawyers should follow the top three rules to avoid legal malpractice as explained below to avoid a legal malpractice claim.
- Knowledge of deadlines - Lawyers should not miss their deadlines, as it is the most common source of lawyer malpractice. Even though, some deadlines may be well known but others may not. For instance, a ten-year deadline to renew judgment or sticking to a one-year period in case of tort claims are some of the deadlines to adhere to by attorneys. Deadlines should not dictate the lawyers as it encourages a sloppy way of thinking and acting. It is better for lawyers to form a habit of acting before deadlines.
- Admitting mistakes – Lawyers can avoid malpractice claims by admitting mistakes to the client rather than engaging in cover up. Ethical rules do require the lawyers to disclose any mistake that threatens their client’s interest.
- Maintaining good malpractice insurance – Having an insurance coverage helps in specific situations to prevent lawsuit from ever being filed.