Professional Liability Fact Sheet: Plaintiffs Personal Injury/Property Damage

Posts Tagged ‘Professional Liability’


Professional Liability Fact Sheet: Plaintiffs Personal Injury/Property Damage

Posted on: February 10th, 2023 by David Lipson


Description of Practice Area

Includes the representation of parties in actions to recover for personal injury, wrongful death, or property damage resulting from intentional or unintentional acts, negligence, and other causes. Libel and slander actions, medical malpractice and product liability suits where any form of personal injury or property damage is involved are also included.

Risk Management Tips

The top three allegations in this area of practice are related to calendaring errors. It is imperative that attorneys and legal support staff recognize the crucial role correct calendaring plays in avoiding a legal malpractice allegation.

At a minimum, a master calendar should have at least one back up that would not be affected by a ransomware or software crisis. Rather than relying on the incident dare provided by a prospective or current client, attorneys should verify by documentation, electronic record or video surveillance/recording. Attorneys should inquire about all potential parties to a matter or litigation, and potential witnesses.

Beyond calendaring the stature of limitations, attorneys may was to calendar a potential withdrawal date or time to review the status of the matter and determine if the representation should proceed. This is an evaluation that should take place at least six months out from a trial date or stature of limitations to allow a current client to locate new counsel to take over the representation, if necessary.

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