Legal Malpractice Prevention

SOME “RED FLAGS” are obvious in suggesting a problematic client. Others are the product of data about legal malpractice claims, in terms of their frequency and severity. Lawyers who have been sued for legal malpractice often report that they had a “bad feeling” about the client or the case from the start, but they felt they needed the work, they couldn’t say “no,” or they felt compelled to help. Employing adequate and thorough screening procedure — applied by all firm attorneys to all prospective clients and matters across the board — not only helps lawyers avoid malpractice claims, but it reduces the amount of stress experienced in the day-to-day practice of law. Because effective client screening results in a greater number of desirable clients, this risk management technique contributes to a more fulfilling and rewarding professional life. Below are this author’s Top Ten client screening suggestions.