Founding Partner
Legal malpractice claims are a reality for lawyers in every area of practice—even those with spotless records and good intentions. In a busy practice, it’s easy to overlook the small things. But as many attorneys learn too late, it’s often the small things that get you into trouble.
This guide provides practical steps to help you reduce your risk. Whether you’re new to the profession or decades in, it’s worth checking in to see how your systems and habits are holding up.
Know Your Deadlines and Document Them
Few mistakes hit harder than missing a deadline—especially when it costs your client their case. Statutes of limitations, filing cutoffs, and response deadlines can vary widely depending on the case type and jurisdiction.
That’s why we recommend using multiple tools to track deadlines, including:
- A reliable calendar program with recurring reminders
- A second set of eyes on key dates, such as a paralegal or assistant
- Written confirmation of deadlines with clients and opposing counsel
When you calculate a deadline, keep a record of how you got there—whether it was a court rule, statute, or contract term. Back it up with an email or note to the file. This protects you and shows you took reasonable steps to avoid mistakes.
Communicate Clearly—and Often
Miscommunication is a common thread in many legal malpractice claims. A client who doesn’t feel heard—or doesn’t understand what’s happening—can easily lose trust. And once that trust is broken, problems tend to snowball.
You can reduce risk by:
- Returning calls and emails within a set timeframe (24–48 hours is reasonable)
- Sending short updates after court hearings or filing deadlines
- Summarizing complex legal issues in plain English
If a client is confused or upset, don’t ignore it. Acknowledge their concerns, even if you’re still working on a solution. And always keep a paper trail. If you give advice over the phone, follow up with a short email that recaps the conversation. This small habit can protect you later if questions come up.
Stay Within Your Comfort Zone
It’s tempting to say “yes” to a client in need—even when the legal issue is outside your usual work. But taking a case you’re not comfortable with can lead to problems you didn’t expect.
If you’re unsure about an area of law, ask yourself:
- Do I have the time and resources to get up to speed quickly?
- Is someone else better equipped to help this client?
- Will I be able to spot red flags I’ve never dealt with before?
Sometimes the best move is to refer the case out or partner with another attorney. This doesn’t mean you’re turning away business—it means you’re looking out for your client’s best interests. And that decision can save you a lot of stress and liability in the long run.
Get Everything in Writing
Verbal agreements are risky. Clients may remember conversations differently, especially if things don’t go their way. That’s why written documentation matters—whether it’s an engagement letter or a quick email after a meeting.
At a minimum, put the following in writing:
- Scope of representation
- Fee structures and billing expectations
- Advice or decisions made during the case
When clients agree to settle, withdraw, or pursue a certain strategy, confirm it in writing. This doesn’t have to be formal or long-winded—just a brief note that captures the conversation. If questions come up later, you’ll be glad you did.
Keep Up With Ethics Rules and Ongoing Education
Staying current isn’t just about CLE credits—it’s about being aware of your responsibilities as they evolve. Ethics rules change, new opinions get issued, and courts shift expectations.
We recommend:
- Reviewing your state’s Rules of Professional Conduct at least once a year
- Signing up for updates from your state bar or local bar associations
- Attending seminars or roundtables that explore real-world problems attorneys face
It also helps to talk shop with peers. Hearing how others handle client complaints, fee disputes, or tough calls can sharpen your judgment and keep you grounded. Nobody practices in a vacuum—lean on your community.
Contact Our Experienced Middletown Legal Malpractice Attorneys
Legal malpractice prevention starts with consistency. You don’t need to overhaul your entire practice—just focus on building habits that reduce risk and improve how you serve your clients. Clear communication, documented decisions, and staying informed can go a long way in protecting both your license and your peace of mind.
At Stanfield Bechtel Law, we understand how much is at stake in every case you take on. If you’re facing a malpractice claim or want guidance on minimizing liability in your practice, we’re here to help. Contact us today to discuss your options and take proactive steps toward protecting your future.