The frequency and severity of legal malpractice claims have increased in recent years. Determining the cause of this, whether it be attorney or client behavior, or just structural aspects of practicing law all of those factors have played a contributing role.
It has been noted that legal malpractice claims become more likely in times of economic recessions. An explanation for this is that because of increased socioeconomic insecurity, clients may be less likely to be willing to pay citing a real or perceived defect in the lawyer's performance and file a malpractice claim against the attorney. That is an explanation focusing more on client behavior, clients expect more from attorneys now in the hyper-specialized modern practice of law. Because of this, although attorneys are encouraged to broaden their possibilities by practicing in different areas to expand access to legal services, it can come with a risk if a mistake is made the client could be unforgiving of.
Another explanation for the increase in malpractice claims is the changing structure of law practice. Most notably, during and post-pandemic as law has shifted more to remote work, this has presented its own unique set of malpractice risks. This is because working from home could create more opportunity for miscommunication and failure to coordinate for tasks, leading to mistakes. Although remote work provides great flexibility for lawyers, it can present malpractice risks not as prevalent for in person work and lawyers should consider and appreciate those risks while working remotely.
The increased digitization of law practice, and how offices are increasingly moving to paperless practices presents its own unique risks of malpractice liability. This is because digitized records makes it essential for lawyers to be tech competent and have robust data security measures to protect clients' confidential and vital documents. Failure to do this, can lead to tremendous risk for malpractice claims.
In conclusion, the increasing prevalence of malpractice claims against attorneys is something that should be appreciated and understood. Purchasing malpractice insurance is one of the most important choices a lawyer in their practice can make, as the failure to do so or have adequate insurance can lead to financial ruin. The changing nature of law practice along with greater expectations of clients are contributing factors.
https://business.libertymutual.com/insights/industry-disruptions-drive-surge-in-legal-malpractice-claims/
I think you have a great point with how remote work and flexibility have increased the potential for malpractice. It's much easier to overlook thinks that seem like common sense. Diligence in following ethical rules and guidelines is definitely important in this age of law practice.
ReplyDeleteWhile law has always been complicated, I definitely think that as it becomes more specialized and niche, it is easier for an attorney to end up representing a client in a case that requires specialized knowledge that the lawyer does not have, which is an easy recipe for malpractice.
ReplyDeleteI am in favor of lawyers trying new things, but not at the expense of the client. Lawyers presented with a case outside their area of expertise, especially if they don't have time to fully learn the area, are better off referring the case to a true expert in the field. Building a good referral network is important, both for incoming and outgoing cases.
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