You can be sued for almost anything. The real question is whether a lawsuit for legal malpractice would be valid. Many are not, but even an unfounded claim of legal malpractice can be expensive to defend against.

If you think that you've made a mistake that has caused damage to a client, in other words, if you think that you committed legal malpractice, immediately notify your professional liability insurance carrier. A failure to immediately notify the carrier may result in a denial of coverage or have other adverse consequences.

If you have done any of the following, you might be sued for legal malpractice:

  1. Filed a complaint after the statute of limitation passed

  2. Improperly wrote a will or trust

  3. Failed to inform a client about a claim

  4. Failed to hire experts for a trial

  5. Failed to properly handle a divorce, such as by failing to learn about all assets of the opposing party

  6. Mishandled a real estate transaction

  7. Engaged in a conflict of interest

There are thousands of ways that a lawyer can commit legal malpractice. There may be defenses to a claim for legal malpractice that prevent you from incurring expensive litigation, judgments, and the stress and embarrassment that can accompany a legal malpractice lawsuit.

Your professional liability carrier generally will hire counsel to represent you in a legal malpractice lawsuit. With many policies lawyers have a right to select counsel of their choice. Select Konicek & Dillon, P.C. to represent you, and tell your carrier your choice. You'll have the benefit of many years of experience in handling complicated legal malpractice matters.

By Thomas W. Dillon

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