According to the American Bar Association’s Standing Committee on Lawyers’ Professional Liability, nearly half of claims made each year arise out of substantive errors, related to failing to know or correctly apply the law or to know a deadline or limit under the law.
Mark Bassingtwhaite writes, in Managing the Risk that Comes from Bad Lawyering, that:
From a risk management perspective these kinds of errors are more difficult to address because they arise out of an attorney’s abilities, or lack thereof, as opposed to being a problem with a firm practice or procedure. While a risk manager can help an attorney develop a more effective calendaring system or tighten up file documentation; it is far more difficult to discuss and address what in reality is often simply bad lawyering.
He goes on to outline a number of practical tips to help law firms and lawyers manage these risks in particular.
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