Illinois Practice Management Guides

The Fundamentals of Loss Prevention for Lawyers is designed to help firms implement a loss prevention plan to significantly reduce the risk of legal malpractice. Lawyers are in the service business. Where there is the possibility for a dissatisfied or disgruntled client, there is a potential for a legal malpractice claim or an ARDC complaint.

If you were to experience a short-term disability or injury that prevented you from working, what would happen to your clients and your firm? Would they still be there when you got back? Would important matters be neglected, leading to possible claims?

Fee disputes are at the heart of many legal malpractice claims. When a lawyer sues their client for unpaid fees, the lawyer will inevitably be countersued for legal malpractice, or a grievance with the disciplinary agency will be filed. In some cases, merely mailing a final bill triggers threats of legal malpractice. To avoid fee disputes, use the tips in this guide for billing and collecting fees for legal services.

Better time management results in fewer claims for failure to calendar or file, procrastination, and lost documents. This excerpt from Loss Prevention for Lawyers provides guidelines for establishing a calendaring system.

Dissatisfaction often stems more from the way a lawyer treats a client than due to the quality of the legal services provided. Solid communication skills and managing expectations by all employees in a firm go a long way to reducing the likelihood of suits and claims.

Lawyers who report claims often start with “I should have never agreed to represent this client because…” While it may be challenging to turn down legal work, your reputation and bottom line will suffer more by taking on clients you did not properly screen.

Conflicts have long been among the leading causes of legal malpractice claims and disciplinary actions. Yet, the rules governing disputes can be confusing and challenging to apply in real-life situations.

If you were sued for malpractice on any given matter, would the paper file substantiate your legal services and verify the client’s consent to all vital decisions? If not, your documentation procedures need improvement.

Having an engagement letter in the file is crucial, as it is the starting point for your defense against any grievance or malpractice claim that might arise. A case without a written lawyer-client agreement will reflect what you told the client and what the client heard you say. Your vulnerability to malpractice liability is high.

“What documents must my law firm keep?” “How must they be kept?” and “How long after the end of representation must I keep them?” This guide provides specific information to help you be in compliance and, should you be accused of professional negligence, assist in your defense.

Every lawyer knows they can be held liable for the wrongful acts of their law partners. Many are unaware that other, less apparent relationships between lawyers can create risks.