Lawyers falling prey to legal malpractice claims is nothing short of an irony. Although most lawyers are fully versed with how the legal system functions, many times they fail to realize the obvious. A lawyer’s duties are not just limited from 9 to 5, but exist around the clock.
Which is why they often get so sucked up in their professional life that they overlook their own legal matters. And this is how they end up getting themselves stuck in some petty legal issue that could have been avoided with a little intelligent foresight.
How do lawyers fall into legal malpractice claims?
A lot of such issues filed against lawyers are not committed by them deliberately. Since many legal professionals don’t use digitalized tools, they are quite likely to fall prey to indiscipline. True that using a set schedule and having calendar will help to a considerable extent, but that is beginning to happen just recently.
The American Bar Association Profile of Legal Malpractice Claims, also known as the ABA Profile, keeps track of all malpractices filed by attorneys and lawyers, and even gets to the root of all issues. This mostly occurs in real estate transactions wherein lawyers fail to abide by the rules and end up getting themselves into a soup.
What is the current scenario regarding legal malpractice claims?
The current scenario is that it is more expensive to settle a claim after a malpractice has been identified than it is to pay the dues and avoid it from happening in the first place. Trying and defending oneself from this malpractice in the court of law is a much more tedious affair than the actual process.
Also, the severity of such claims has increased. The insurers of these claims now need to pay hefty amounts in order to defend and settle them, which is leading to a steady decline in their occurrences. Due to this, lawyers are also becoming quite aware of such issues and are taking amends to avoid them altogether.
Summing it up:
True that legal malpractices of lawyers are now slowly ceasing to exist, but the fact that were into the picture, and still are, cannot be avoided. Until recently, as per the ABA profile, plenty of indemnity claims were closed with little to no payments to the claimant. This goes on to say that the field of legal issues is now getting better and modern with each passing day, and is bound to become free of such malpractices very soon in the near future.