Malpractice Traps

On Friday, I was reviewing at long last some of the insurance industry trade publications that I follow. One of these publications is the American Agent & Broker and I was reading the September 2008 edition. AA&B was interviewing a Massachusetts insurance brokerage about their specialization in Lawyers professional liability insurance. Part of the interview included a reference to the American Bar Association “Desk Guide Legal Malpractice” and further into the Guide the Top Ten Malpractice Traps.

Curiously, I went to read the top ten traps which in the American Agent & Broker were summarized. Briefly the traps are:

1. Missing Deadlines
2. Stress and Substance Abuse
3. Poor client Relations
4. Ineffective Client Screening
5. Inadequate Research and Investigation
6. Conflicts of Interest and Conflicts of Matter
7. Inappropriate Involvement in Client Interests
8. Lack of Adequate Documentation of Work
9. Zealous Efforts to Collect a Fee
10. Unwillingness to Believe you May be Sued

The ABA Desk Guide covers many issues and the above 10 items are discussed on pages 52 to 62 and I recommend that you take a couple of moments to review these 11 pages in detail and see how your firm can incorporate this information into your risk management program. Insurance is only effective after the claim and we can help your with your insurance program. Risk management involves claims avoidance through proactive steps to prevent situations and misunderstandings that may lead to a claim. The difference between a mistake and a claim is a loss! Correct a mistake before the claim with information.