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L Squared Insurance Agency Blog: attorney malpractice

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Small firm attorneys may choose to go without malpractice insurance in the mistaken belief that their close relationship with their clients makes them immune to claims. Other attorneys believe that the chances of facing a claim are low. The logic flaw is that small firm attorneys are just as likely to have a malpractice claim as their more high-profile peers. READ MORE >>

The Alaskan case of ALPS v Ingaldson Fitzgerald PC is an example of the courts refusing to force an insurer to cover attorney’s fees. Awarded attorney’s fees normally are not covered under an attorney malpractice insurance policy. READ MORE >>

Suing a client for unpaid legal fees is usually a bad idea.  Yes an attorney can wait till after the statute has run, and yes this may prevent a counter claim or at least provide a defense.  But it will not prevent a bar complaint from being filed and if done frequently it impacts your attorney malpractice premiums. READ MORE >>

An attorney’s private life involves the daily stuff that everyone deals with.  This includes buying and selling houses and cars; running other businesses; getting into disputes; car accidents; and having loved ones in the hospital.  Attorneys sometimes try to help their cause by at times by reminding the other party that they are an attorney. READ MORE >>

Attorneys that are forming new practices, either for the 1st time as a new in practice attorney or coming from a larger firm often confront application questions that do not make sense.  Malpractice Insurance Applications are retrospective questionnaires. READ MORE >>

Attorney Malpractice Insurance policies are not “All Risk” insurance contracts.  It is important to know what is covered in your policy.  Unfortunately, I normally get this question after the attorney is either threatened with sanctions or sanctions have been awarded: From Attorney READ MORE >>

A common administrative error that causes many attorney malpractice claims involves statute of limitations issues.  By one estimate at least 1 in 5 attorney malpractice claims involves a statute of limitations being missed.  While determining the statute of limitation in a given state is relatively easy. READ MORE >>

The general public commonly believes that attorneys rarely get sued.  By one estimate 1 in 20 private practice attorneys face a legal malpractice claim each year.  Other estimates are that a private practice attorney can face 3 malpractice claims during their careers. READ MORE >>

Avoid flying into a mountain.  One of the more preventable attorney malpractice claims is a statute of limitations claim.  Initial steps at client intake can help avoid or minimize your risk of being sued. First determine if the firm is bumping up against statutes of limitation issues. READ MORE >>

If you receive a subpoena for information or to testify take a deep breath and then notify your malpractice insurer.  Even though this is a benefit in many policies it is a 2-edge sword.  Responding to the subpoena without notifying your insurer could down the road lead to a malpractice claim’s denial for prior knowledge. READ MORE >>

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