Articles

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.   Read More +

On November 28, 2023, Alex Murdaugh was sentenced to 27 years in South Carolina state prison for the confessed crimes of stealing millions of dollars over the course of a decade from clients, friends, and family. Murdaugh was convicted of murdering his wife and son in March, a crime in which he maintains his innocence. Kathy Pope, a consultant with 30-years of experience in helping law firms manage their trust accounts, provides insight into how Murdaugh’s law firm could have prevented these crimes, and offers tips for ethically managing your trust account.   Read More +

There exists in the legal profession an unrealistic expectation of perfection. I say unrealistic because I have not yet met a lawyer who has not made a mistake at some point in his or her career. The best lawyers make mistakes. If you practice long enough, you will make a mistake. This does not mean that you ar… Read More +

Over the last few years, Lawyers Mutual has seen an increase in Estates and Trusts (E&T) claims.  In 2021, E&T claims were the third most common claims according to area of practice.  Only Plaintiff’s personal injury and residential real estate generated more claims by practice area.  Errors occur in both estate planning and estate administration. Two common E&T errors are:   Read More +

Let me have a show of hands. Does a counterclaim relate back to the filing date of the complaint? (Raise your hand if you think so) or is the counterclaim governed by the applicable statute of limitations? (Same response). I know I’ve had this discussion with other lawyers over the years.   Read More +

What do you think is the number one complaint clients have about their lawyers? It is not lack of knowledge or competence. It is not even dissatisfaction with the outcome of a matter or the cost to the client.  A BTI Consulting Group Survey indicates that failure to keep a client adequately informed is far and above the number one complaint clients have.   Read More +

In 2021, litigation errors constituted one-third of all the claims reported to Lawyers Mutual. Plaintiff’s Personal Injury, under the litigation umbrella, constituted the single practice area with the most reported claims. Missed deadlines breed the most errors. The lack of a good calendari… Read More +

Even the most knowledgeable and conscientious attorneys may sometimes make a mistake in representing their clients. Many mistakes are minor and do not adversely affect the client’s case. Read More +

Wire Fraud losses continue to plague real estate transactions, resulting in millions of dollars of losses around the country. The most common scenario is the buyer receiving altered wiring instructions. The State Bar is now holding the closing attorney accountable for this loss even though the closing attorney … Read More +

Six ways to avoid being a foolish lawyer. Read More +

Estate portability extension requirements. Read More +