Let's Get Practical: Keys to Help Lawyers Avoid Malpractice

The legal profession is filled with complex rules and law students spend three years learning to analyze legal problems and find solutions for their client. As I learned during my internship that one of the most common claims filed against lawyers is a missing a statute of limitations – well, it intrigued me. I wondered what could be so hard about not missing a deadline. I quickly learned the difference between classroom learning and the actual practice of law.

While working with Lawyers Mutual’s claims attorneys, I discovered multiple real-life situations that make dealing with a statute of limitations issue a more complex matter. This practical legal experience provided several key takeaways professionals should understand to avoid a malpractice claim.

Efficient Systems

Having an inefficient workflow can be the singular reason why a lawyer may miss a statute of limitations. The standard should be to enter the date for the deadline and make sure that there are multiple reminders entered into the calendar. According to the claims department, it is recommended that there are alerts set at one year, nine months, six months, one month, and one week.

It is also recommended that lawyers don’t overlook the basics of case management. Make sure your intake form includes pertinent questions to help the client provide key information. For example, obtaining all relevant reports relating to the case and making sure those reports are accurate is important and can make a huge difference in determining statute of limitation deadlines. While it’s the lawyer’s responsibility to ensure that deadlines are correctly calculated, the lawyer should have a system in place to ensure paralegals recognize situations that may trigger a statute of limitation issue.

Another recommendation from the claims attorneys: don’t wait until the deadline to file documents. Filling early provides time to correct any issues or mistakes. 

Knowing the Law

Another critical issue is to pay attention to where a claim occurs. States surrounding North Carolina including South Carolina, Tennessee, and Virginia all have shorter statute of limitations depending on thecause of action. Given client demands and high-volume caseloads, it is easy for a lawyer or paralegal to calendar a wrong date. Another risk is to dabble in a practice of area where you are unfamiliar with the laws. 

What should new lawyers do to avoid risk? Pay attention and when you aren’t sure, reach out to anattorney in the state where the issue occurred. Or reach out to a colleague who has experience in the practice area. Realize when your knowledge is insufficient and look for help. Search for a mentor to help guide you as you develop your skill and build your practice.

Human Error

Another effective way to help decrease potential errors is to recognize red flag clients. Red flag clients may have hired multiple lawyers before you, they don’t listen to your advice, they think they know the law better than you do, they want to fight for the “principle of the matter”, or they resist paying their retainer or bills.

Lawyers are human, and will inevitably make mistakes, but the point is to decrease the chances. Practicing safe risk management to avoid a malpractice suit will save time, money, and headaches.

Conclusion

As a law student, it is easy to focus on passing a class rather than thinking about how the issue being studied applies in practice.  This internship at Lawyers Mutual has provided me with practical knowledgeand important insight that I will use daily in my future law practice. 

One of my greatest take-aways of the summer is witnessing the benefits of lawyers working collaboratively even when matters get adversarial. I feel better prepared to begin my second year of law school having had a practical view of the practice of law.