Today, all law firms must be aware of what steps they can take to reduce their chance for a malpractice claim, and prevent any loss of coverage.
HERE ARE 10 STEPS
YOUR CLIENT
CAN TAKE:
Issue Engagement Letters To All Clients. The letter must be signed and dated by the client, detail the services the firm will provide, advise what services the firm will not provide, and advise how the client will be charged and billed.
Issue A Nonengagement Letter each time the firm declines to accept representation, with verification of mailing or delivery. The letter should advise of any important dates or statute of limitations that may apply.
Issue a Disengagement Letterat the conclusion of the representation. The letter should advise a summary of the services provided, advise of any action the client needs to take, and if a final bill will be forthcoming.
Implement a Central Docket Control System with at least two different diary systems. Cross-check both systems on a regular basis.
Implement a Conflict Avoidance System. Check all new matters for potential conflicts of interest.
Notify in writing all clients of any potential conflict of interest.
Obtain a written waiver from all parties or decline representation.
Provide Regular Billing Statements to Clients.
Avoid Filing Suit to Collect Unpaid Fees.
Document All Communications.
Do Not Accept Cases That Are Not Your Area Of Expertise.
Immediately Report Claims and Potential Claims To Your Current Insurer.