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DISCLAIMER: The information in this article is provided for general discussion purposes only, and does not constitute legal advice. For specific advice contact your own legal, financial, insurance and/or other advisor.

Many legal malpractice claims share common allegations/themes that can be avoided if law firms have the proper risk management measures in place. Implementation and maintained use of some very rudimentary systems and procedures can reduce the likelihood of being sued, or in the event you are sued, can bolster your defense. Below are some basic tips law firms can utilize to help reduce their legal malpractice exposure.

1. Engagement Letters - Legal malpractice claims often hinge on whether or not the claimant can establish that they were a client of the attorney (or at least owed a duty of care in 3rd party claims) and that the attorney agreed to handle the matter in question. A written engagement letter prepared for each client or potential client can serve to establish the facts of the lawyer-client agreement. Ideally an engagement letter would include the following:
2. • Name of client. • Scope of services (and in certain circumstances specifying what services are not being performed/included is also appropriate) • Fee amount and billing schedule, including payment expectations.
3. • Identification of any potential conflicts of interest.

• Name and contact information of primary attorney handling the matter including outline of firm’s communication guidelines (i.e. timeframes for responses to phone calls, faxes, letters, etc.) • Client’s obligations to the attorney and/or firm. • Dispute resolution method and initiation procedure.

Non-Engagement/Declination Letters - These are often the difference in getting a meritless claim dismissed. As important as engagement letters are, non-engagement/declination letters are equally important. Written documentation to the former potential client advising that you will not be representing them is critical in establishing that no professional relationship existed. Non-Engagement/Declination letters should include the following:

• Name of potential client.

• Date the attorney and/or firm met with potential client to discuss representation.