Legal Malpractice & Bar Grievance Defense
Lawyers and law firms think primarily about representing their clients. However, there are occasions where legal professionals need their own representation. Lawyers are human and make mistakes which can adversely impact a client’s case. Lawyers can also provide perfectly reasonable and skillful representation and still find themselves facing a claim for legal malpractice or an ethical complaint with the State Bar.
At Law Firm GC, we assist lawyers and law firms facing claims of legal malpractice or bar grievances.
What is Legal Malpractice?
Legal malpractice occurs when a lawyer breaches the duty of care owed to his or her client and the client was harmed as a result. In Georgia, a legal malpractice plaintiff must establish three elements:
(1) employment of the defendant attorney (i.e. an attorney-client relationship),
(2) failure of the attorney to exercise ordinary care, skill and diligence, and
(3) damages proximately caused by such negligence.
Legal malpractice cases are generally complex and labor-intensive. Malpractice claims implicate an attorney’s professional reputation and even livelihood. They can be stressful and divert attorneys’ time and energy from their day-to-day practice. Hiring a seasoned lawyer to represent you or your firm in the event of such a claim is important to navigating the many requirements of a legal malpractice case, protecting your rights, and getting a favorable outcome. At Law Firm GC, we simultaneously provide our attorney clients with effective representation and peace of mind.
Examples of Legal Malpractice
Legal malpractice occurs any time an attorney’s conduct falls below the applicable standard of care and results in an injury to the client.
Examples of legal malpractice include:
- Missing deadlines/filing lawsuits after the expiration of the applicable statute of limitations;
- Failing to inform a client of material facts or events impacting a case;
- Overlooking or misconstruing dispositive statutory or case law;
- Making an error in drafting a contract which exposes the client to unnecessary tax liability;
- Drafting a will or trust which fails to effectuate the client’s intent.
What is NOT Legal Malpractice?
Being accused of legal malpractice does not mean you actually breached the standard of care. And not every mistake amounts to actionable malpractice. Moreover, attorneys are not guarantors of the success of their clients’ cases. Litigation is inherently unpredictable, and case outcomes are often dictated by the underlying facts.
Examples of conduct that is not legal malpractice:
- Asserting claims or defenses in good faith which ultimately do not succeed at trial;
- Making a mistake which does not have a materially adverse impact on the client’s case;
- An allegation from a non-client to whom the attorney owed no legal duties.
Steps to Take if You Are Sued for Legal Malpractice
Legal malpractice complaints are serious, but don’t panic. Take action. Every law firm and attorney should have errors and omissions insurance which provides a defense to malpractice claims and indemnifies and against losses resulting from an attorney’s negligence. Contact your E&O insurer immediately.
Your insurer should hire a legal professional to respond to any demand/complaint and to handle your defense. Assemble and preserve any documentation (including emails and texts) related to the challenged representation. Consider including a “choice of counsel” endorsement in your insurance policy which allows you to select your own defense counsel.
Legal Malpractice Trends
Legal malpractice claims have become increasingly prevalent over the last two decades. In recent years, the largest number of legal malpractice claims were in three practice areas: trust and estates; business transactions; and corporate and securities law. Factors contributing to the rise of legal malpractice claims include:
● Economic conditions/volatility
● The rise of AI in the legal industry
● Changing regulations
● Shifts in generational needs
● Not having the proper processes in place
● Online security issues and concerns
● Loss of a maintained relationship with a lawyer
● An increased cultural willingness to sue law firms and lawyers
As shifts occur inside and outside the legal industry, lawyers and law firms must stay vigilant in their work, attentive to their clients, and proactive in identifying process deficiencies that could open the door to a legal malpractice claim.
The Importance of Malpractice Insurance
While not required in most states, it is highly recommended that lawyers carry errors and omissions insurance. This type of insurance generally covers liability (monetary amounts awarded as damages or paid to settle a claim) for claims alleging harm from legal malpractice. Errors and omissions insurance also generally covers defense costs (attorney’s fees, court costs, etc.). The latter is particularly important because litigation can be tremendously expensive even if you prevail.
Some practice areas may be associated with more risks than others, according to the American Bar Association. These types of cases may have stringent requirements or expectations and could result in profound repercussions in the event of mistakes. These areas could include:
● Intellectual property
● Personal injury
● Trusts
● Securities
● Estates
The insurance needs of a law firm vary depending on the particular characteristics of the firm’s practice. The risks facing a small-town firm specializing in criminal matters are different from those faced by a firm handling complex, multi-million-dollar transactions. It is important ensure that your insurance coverage is well-suited to the unique contours of the firm’s practice.
Law Firm GC Can Assist With Legal Malpractice Cases
Our team at Law Firm GC provides legal professionals with representation and services that are tailored to their specific needs. We are here to help and provide an outside point of view. Our team can bring clarity to your situation and provide another perspective on how to proceed when facing a legal malpractice or ethical complaint.
If you engage our firm, you will receive prompt communication, thoughtful representation, and zealous support. We take the time to understand what you are facing so we can employ the most effective strategies and actions to resolve your legal issue. We then fight for you as hard as you fight for your own clients. We understand that lawyers are held to a higher standard and our skilled team understands how to defend you with these considerations in mind.
We also provide risk management services to resolve issues as they arise, as well as help with preventive actions, such as choosing a malpractice insurance carrier. We can help your firm put processes in place to prevent lawyer burnout, and provide supportive resources, training opportunities, and checks and balances to ensure cases are subject to multiple reviews to minimize risks. While our team is prepared to litigate if necessary, we want to help you reduce the chances of malpractice first and foremost. Malpractice is a serious complaint and we take precautionary measures seriously.
Why Law Firm GC?
The attorneys at Law Firm GC have almost two decades of experience providing law firms both big and small with solutions and representation in malpractice and ethical matters. Our unique, holistic form of representation aims to achieve the best outcome in a client’s individual matter, but also to identify ways for our attorney clients to avoid similar situations in the future. We seek to foster relationships with our clients that endure long after the conclusion of the underlying representation. We are always happy to discuss ethical and risk-management issues and to function as a sounding board for our clients and former clients. Whether your firm is facing a legal malpractice complaint or needs risk management services to mitigate issues before they arise, our team is here to help you and look out for you. Contact us today and to learn more about how we can protect your firm’s interests.
