Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

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.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Legal Possession: What Does It Mean? Image

Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.

The Anti-Assignment Override Provisions Image

UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?