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Ten Ways to Decrease Stress... and Avoid Legal Malpractice
Author Unknown

  • Increase Your Client Communications
    Develop a comfortable relationship with your client by consulting, informing, advising and sharing the decision-making process and accepting direction. Return all phone calls, answer all letters and always keep your clients informed of what's going on in their case.
  • Sharpen Your Documentation
    Start every client relationship with an engagement letter which clearly defines the scope of your work -- including what you won't do. Always document client decisions on key matters. At the end of the case or a major matter, send a disengagement or closing letter.
  • Clarify Your Fees and Billings
    Get your fee agreement in writing. Send prompt monthly billings. Institute good accounts receivable management. Lawyers who sue clients for fees often win themselves a counterclaim for malpractice.
  • Tighten Up Your Conflicts Checks
    Conduct a thorough initial conflict check. Continue conflict checks during the case. Set up procedures to shortstop problems from non-client third parties. Conflicts of interest generate an extraordinary number of malpractice claims.
  • Seek and Follow the Client's Advice
    Your role as counselor is every bit as important as that of lawyer. It's incumbent on you to advise and inform your client when decisions need to be made and either execute their decisions or withdraw from the case (which isn't always an option).
  • Exercise Due Diligence
    This means more than just researching the law. It encompasses effective communication, correct (dual) calendaring, responding promptly and professionally to the client, the courts and other attorneys.
  • Focus Your Case Selection
    Before taking a new case ask yourself, Does it have merit? Will it require more time and cost than it's worth? Is it in my area of expertise?
  • Re-Think Your Client Selection
    Run away from many of the following clients... those who have been represented by other lawyers, those who have been turned down by other lawyers, those who have a personal vendetta, unrealistic expectations, issue demands, requirements and directives.
  • Don't Build Artificial Expectations
    Unrealistic expectations promise unhappy clients -- even if you get a good result. Know your client's expectations at all times. Determine if you agree with them and believe you can meet them. Evaluate, continually, throughout the case.
  • Take Vacations
    Take time for yourself and your family. You'll not only enjoy your life and your profession more -- you'll take better care of your clients.

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