Navigating Legal Malpractice Claims

Despite adhering to the Rules of Professional Conduct and diligently representing their clients, even the best lawyers may find themselves accused of legal malpractice or ethics violations.  These claims carry significant consequences and often have the potential to damage a law firm or attorney’s reputation.  Attorneys in all practice areas and at all stages of their careers are equally susceptible to legal malpractice suits.  However, studies by the American Bar Association (ABA) Standing Committee on Professional Liability reveal that the practice areas of personal injury and real estate are defendants in almost 42% of malpractice actions.[1]  Further, lawyers who have been practicing between 11 and 20 years are most frequently named as defendants.[2]  The ABA also studied the most common legal malpractice claims by type of alleged error in both the United States and Canada, which revealed the top ten claims[3]:

  1. Know/Apply the Law
  2. Planning Error
  3. Inadvertent Disclosure/Investigation
  4. Failure to file documents: no deadline
  5. Failure to calendar
  6. Failure to know deadline
  7. Procrastination
  8. Fail to obtain client consent
  9. Conflict of interest
  10. Fraud

Moscarino & Treu proudly defends individual attorneys and law firms in claims alleging legal malpractice.  Our firm effectively represents clients at all stages of the process, including appearing before Disciplinary Counsel, and in legal malpractice suits filed against an individual lawyer or law firms of all sizes.