Missed deadlines caused by failure to properly calendar matters are the most significant cause of malpractice claims against attorneys. Without a good docket control system, even the most knowledgeable practitioner may miss a deadline or not have enough time to properly prepare. Is your system up to the task?
Increasingly, plaintiffs are trying to recover damages for emotional distress unrelated to any bodily injury. And attorneys may be a new target for these claims: The Iowa Supreme Court recently approved potential emotional distress damages in a legal malpractice case. More than ever attorneys need the basics on making these claims in California and tactics for opposing them.
Virtually every lawyer who is sued for legal malpractice or malicious prosecution has committed some kind of error. However, in defending such suits, it is often clear that the error is not an act or omission of legal malpractice, or conduct that would support malicious prosecution; rather, it is typically the failure to document the file with memos, telephone logs, transmittal forms, and/or reports to the client.