Top 5 Causes of Legal Malpractice Claims—And How to Avoid Them
Even the most meticulous attorneys can find themselves staring down a malpractice claim. But often, those risks aren’t the result of bad law—they’re due to preventable administrative or communication missteps. Understanding where things commonly go wrong is the first step toward staying out of hot water.
- Missed Deadlines
The #1 cause, especially in litigation. Whether it’s a court deadline, a statute of limitations, or a filing cutoff, even one missed date can lead to a claim.
✅Minimize risk by implementing redundant docket controls—yes, dual docket systems—for maximum reliability. - Conflicts of Interest
Firms that lack robust conflict-checking procedures can easily land in ethical trouble.
✅ Minimize risk by using a centralized conflicts system and never skip intake due diligence. - Poor Communication
Clients left in the dark are clients who sue. From updates to billing practices, communication gaps quickly become liabilities.
✅ Minimize risk by documenting everything, and maintain a consistent, transparent communication style. - Inadequate Documentation
Failing to record key advice or decisions can turn into a case of “he said, she said.”
✅ Minimize risk by putting it in writing. Remember if it’s not in writing, it didn’t happen. Keep clear notes and use client letters strategically. - Substantive Legal Errors
These are less common but carry serious weight—especially in high-value cases.
✅ Minimize risk by staying in your lane (and jurisdiction) and consult or refer out when a matter goes beyond your expertise.
Malpractice isn’t just about the law—it’s about systems, habits, and culture. A strong professional liability insurance policy (LPL) is critical, but risk prevention begins with the daily choices inside the firm.
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Lee Norcross, MBA, CPCU
California License # 0D87292
L Squared Insurance Agency, LLC ® DBA in California as L2 L Squared Insurance Agency, License # 0L93416
Managing Director, CEO
Lee@L2Ins.com
616-726-7080
