May 20, 2014 Articles

Avoiding Malpractice Risks for Litigators

By Gilda R. Turitz

The adage “hindsight is always 20/20” never seems to ring as true as when a lawyer confronts a malpractice claim. The unhappy client may have a legitimate beef: A classic example is blowing a statute of limitation on a client’s claim. Or the unhappy client may complain about more subjective judgments such as strategies followed or specific tactics taken, or simply getting a bad result. The litigator’s regrets then surface. Among them: “If only I had never taken them on as clients.” “If only I had written that email confirming they didn’t want me to depose that important witness.” “If only we had researched the issue that gutted our defense.” “If only we had subpoenaed those third-party documents in time for trial.”

Premium Content For:
  • Litigation Section
Join - Now