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Responding to Claims Against Your Law Firm
No matter how good a loss prevention program your firm has in place, it is a sad but inevitable fact of life that you will have claims. Your goal as a firm manager, therefore, is not to reduce claims incidence to zero, but rather to have a sound program in place to identify and respond to claims in a manner that minimizes your losses. Here are some thoughts on how to do that from the perspective of a trial lawyer who has spent much of the past 30 years defending law firms against such claims.
How and When Claims Come to Light
Claims can arise in limitless ways. Some red flags that may be signs of trouble brewing include: a client who abruptly leaves the firm, the service of third-party discovery on the firm relating to a matter in which the firm rendered legal services, any request for sanctions against the firm or a client in pending litigation, significant unbilled time or accounts receivable on a client matter, or a letter from a client complaining about his or her legal bills. Also, any time the firm is asked to litigate a matter arising out of the firm's own transactional work, loss prevention counsel should be asked to review the situation and be alert to any potential conflicts between the firm and the client.
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