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Posted on: March 14, 2019 by Huntersure
It can be argued that an electrician might not need to call on help from another electrician, or that an accountant may not have to use another accountant. So, should a lawyer ever need to retain their own lawyer? The answer is yes, as the legal profession is filled with plenty of risks and it’s good to have another set of legal eyes to provide the right advice in litigation.
According to a report posted by LexisNexis, malpractice claims against lawyers have risen exponentially in recent years. When it comes to malpractice lawsuits against attorneys, it’s important to understand what’s at risk and why exactly they can be sued by clients.
Here are some common reasons lawyers get sued.
Clients may feel that their lawyer was negligent when it comes to certain aspects of their work of representation. This is most common when a client does not win their case. If someone feels that a lawyer made a mistake, maybe to cut corners or to beef up their fee, they can have grounds to turn around and sue them.
Lawyers have a duty to protect confidences by hiding names and certain facts from a case. But sometimes an attorney will make a mistake and slip up just enough to where information on a client, in some fashion, is made public. This can be through social media, personal conversation, etc. One of the main reasons a lawyer is chosen by a client is because there is a level of trust there and breaking that trust can lead to costly matters. Lawyers should always seek permission from their client to discuss any portion of their case at hand.
In an age where everyone needs to keep receipts, especially lawyers, it’s hard to imagine that a lawyer or their office will not be diligent about retaining documents and keep them safe. If paperwork is lost or digital documents are somehow stolen, this is grounds for being sued. In fact, with the push to be more digitally dependent, such as keeping information in the Cloud, there’s a higher risk for issues like cyber-attacks and threats.
Every lawyer should know that filing claims in lawsuits at a certain date is extremely important. Missing a deadline to file can null and void a case, leaving a client hung out to dry. Judges can dismiss certain cases if something is filed after a statute of limitation, protecting the party that a client is suing. This can make someone’s life worse for many reasons, but they can still take steps to sue the lawyer that was handling their issue.
Lawyers can help minimize the potential financial, legal and reputational damage they can cause through negligence and other issues by securing the right attorney liability insurance. Mistakes do happen, but in the legal profession the impact can be far beyond what they expect. Attorney liability insurance is a comprehensive step to protect a lawyer and their practice in the event of malpractice allegations and provide protection against these issues and more.
At Huntersure, we specialize in providing quality professional liability solutions to accounting professionals. Our Accountant Liability Insurance program provides coverage for accountants, auditors, bookkeepers, and tax preparers, so no matter where your clients lie in the industry they can have the coverage they need to protect themselves and their assets. To learn more about our operation and our Professional Liability Insurance solutions, contact us today at (855) 585-6255.
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