Top 10 things that trigger a legal malpractice lawsuit

Randall Miller, chair of the State Bar Committee on Professional Liability Insurance and a certified specialist in legal malpractice law, identified the top missteps that lead to an attorney malpractice claim:

1. Missing filing deadlines
2. Failing to recognize substance abuse or stress
3. Poor client communication
4. Ineffective client screening
5. Failing to understand the law
6. Conflicts of interest
7. Inappropriate involvement with a client, such as becoming an investor or a creditor
8. Failing to document legal work
9. Suing a client to collect a fee
10. Failing to identify someone as a client

Miller revealed the list at an April 18 meeting of the Board of Trustees Member Oversight Committee, which is contemplating possible changes to the Minimum Continuing Legal Education program.  Miller said he believes that CLE courses on professional liability can help lawyers stay out of trouble. He stopped short of recommending that specific content be mandatory. The committee will meet again on May 8 to discuss legal education providers and modes of delivery.