40 LAWYER MONTHLY JULY 2023 determine if you have a valid claim. If you do have a valid claim, the lawyer can help you file a lawsuit against the negligent lawyer. A client can help get their case ready for review by gathering all relevant documents, correspondence, and records related to their lawyer’s legal representation. However, should the client not have access to all their files, they may still consult with a legal malpractice specialist. If they decide to move forward with a legal malpractice claim, they can obtain their full legal files through the discovery process. How does legal malpractice insurance work and how does that impact your analysis of a legal malpractice case? It is not a secret that physicians generally invest in medical malpractice insurance to safeguard their personal liability if a patient sues them for causing harm. However, few people are aware that lawyers regularly invest in the same kind of malpractice coverage. Legal malpractice insurance is a financial investment that allows attorneys to cover losses sustained by clients who have been wronged due to allegedly substandard approaches to professional representation. Individuals and companies invest in professional insurance coverage for two primary reasons. First, they believe that they are at risk of incurring a specific kind of liability. Second, they expect that someone may try to hold them accountable for alleged wrongdoing. Lawyers, like physicians, understand that because they are human, it is inevitable that they will make mistakes. If a lawyer’s mistake leads to a client’s harm, a lawyer who is covered by malpractice insurance will be less likely to incur personal liability when covering the losses suffered by the wronged party. Essentially, the very fact that most – but not all -- lawyers carry malpractice insurance illustrates that malpractice happens and that lawyers expect to be held accountable if they misstep in ways that cause harm. Generally, without insurance covering the defendant lawyer, the malpractice case is not economically viable. If there is insurance, it is what is known as a ‘burning limits’ policy, where the cost of defence ‘burns down’ the total policy limits. This creates a different dynamic than a typical personal injury case where the insurance company may choose to spend unlimited funds on defending the case without those expenditures impacting the amount of coverage to pay the claim. In a ‘burning limits’ policy, the cost of defense comes out of the policy limit thereby eroding the amount available to settle the claim or satisfy a judgment on behalf of the insured. Do you have any other comments to make about legal malpractice? Legal malpractice is a serious problem that can significantly impact a client’s life. Establishing effective mechanisms for preventing, identifying, and addressing legal malpractice is crucial for maintaining the integrity and trustworthiness of the legal profession. Ongoing professional development, ethical adherence, and clear communication are essential in mitigating the risk of making an error that amounts to legal malpractice. If you believe you have been the victim of legal malpractice, it is important to seek legal help as soon as possible by talking to a lawyer experienced in bringing legal malpractice claims. A lawyer can help you assess your case and determine if you have a valid claim. If you do have a valid claim, the lawyer can help you file a lawsuit against the negligent lawyer and seek compensation for your damages. Here are some additional things to keep in mind about legal malpractice: • The statute of limitations for legal malpractice claims varies from state to state. In some states, the statute of limitations is as short as one year. This means that you may only have a limited amount of time to file a lawsuit after you discover the malpractice. • Legal malpractice cases can be complex and expensive to litigate. If you are considering filing a lawsuit, it is important to speak with an experienced lawyer who can help you assess your case and determine if it is worth pursuing. • Even if you are successful in winning a legal malpractice lawsuit, you may not be able to recover all of your damages. Lawyers, like physicians, understand that because they are human, it is inevitable that they will make mistakes.
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