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Tips to Minimize Malpractice Claims

By Michael R. McAndrew
September 01, 2022

So long as humans are practicing law, mistakes will happen; but well prepared attorneys are proactive and take the affirmative steps to put themselves in a position to minimize the danger to the client and the case.

Plan in advance to avoid having to send a CYA letter later. It is important to remember the basics and review your practices so that your administrative processes do not lead to potential malpractice claims down the road. Remember to take the time to ensure that you and your administrative staff recognize the potential pitfalls before it is too late. Here are some practical tips.

Organize Your Documents

The days of overstuffed file rooms and file folders are over. In the last 20 years, the practice of law has progressively moved to digital file management. The last two and a half years certainly expedited the process in terms of attorneys and staff needing to share documents electronically. As the practice of law now relies quite heavily on the digital management of files, it is fundamental for you to have a system. If you do not have a system — get one! There are several reliable office management systems currently on the market and more popping up each day. For those concerned with the potential cost associated with a third party's product, keep it simple. Take advantage of the operating system you use and create client folders, folder your emails, and use a standardized labeling system for your documents and your client documents. Although our workplace is increasingly digital, not every client has readily available digital documents. The file cabinet still endures. Make sure client files are accessible and accurate. And do not mark up the originals you receive from a client. Make a copy or have your client make a copy. Do not put yourself in the position of having to produce relevant documents that contain your work product. Your organized file will save you time and future headaches from clients and opposing counsel alike.

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