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Tips to Avoid Malpractice Suits

Malpractice lawsuits seem to be more and more common. We hear about medical malpractice, legal malpractice, accounting malpractice, and many others. The best policy to prepare yourself in case of a malpractice suit is to obtain a professional liability insurance policy. This will provide certain protections, but there are many other ways to avoid legal malpractice suits. The American Bar Association (ABA) provides several steps to avoiding situations that often lead to clients filing suit. In a previous article, we discussed, in depth how client relations affect malpractice, but now we would like to go over three other tips from the ABA.

  1. Missing deadlines. Depending on the type of case, there are different deadline for filing a lawsuit and submitting specific information. If a deadline is missed, the whole case could be dismissed or no longer an option if the statute of limitations is exceeded. The best way to protect against this is to have a standard calendar system that includes reminders. It is also wise to add a policy that states each lawsuit must be filed three months before the deadline.
  2. Stress & Substance Abuse. Sadly, it takes only one attorney with a substance abuse or mental health problem to destroy a firm’s reputation and increase the number of malpractice suits brought against a firm. Due to this, it is vital that your firm understands how to recognize signs up substance abuse and mental health disorders. Stress due to long hours and heavy workloads can lead many to have increased chances of abusing substances or increase chances of suffering from depression. By recognizing the signs of these issues, the firm can provide professional help to those who need it. By providing these services, you can help each attorney at your firm recover and be the best attorney possible.
  3. Insufficient Client Screening. As an attorney, have you ever had a gut feeling about a client? Did you know that it was a bad idea to take the case? If you have, you understand how important it is to screen potential clients. Before taking on a case, you should ask some basic questions such as:
    1. Do you have the time to take on a case and give it the attention needed?
    2. Do you have the experience to handle this case?
    3. Is the client irrational or confrontational?
    4. Are you receiving this case at the last minute?
    5. Has the potential client used several other attorneys before coming to you?
    6. What are the clients expectations?

If you have asked these questions and feel uncomfortable with the case, do not agree to represent the client.

By using the advice from the ABA, you can avoid many lawsuits. The insurance agents at Paragon Underwriters are here to help you create the best professional liability insurance policy for you. Contact us today for a quote.

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