There are some ways that lawyers can minimize their risk of getting sued. One of the most important things is to maintain effective communication with the client.
Keep your client constantly advised about the status of his case. Inform him about other options at different stages of the suit. Advise him about expected and incurred expenses. Confirm in writing the terms of the prospective attorney-client relationship. Keep a copy of the engagement contract as well as fee contract. Once the case is over, provide a fully itemized bill to the client.
Prior to representation, obtain all possible facts about the case. Try and identify any possible conflicts of interest. If it is a malpractice suit, confirm that the elements of the case can be proved. Ask the client for as much documentary evidence as possible. Do not give any guarantees to the client. Try and ascertain the expectations of the client, both in terms of money and time. If you are unable to take the case, confirm the declination as soon as possible.
Confirm in writing all settlement offers. Communicate all such offers to your client. Do not take up any offer before discussing with the client, however good it is.
Maintain a systematic record of the client’s file. This will help you to obtain the file at short notice. Also, it will ensure that you comply with the deadlines for filing the case. Finally, confirm in writing the termination of services. Return all the client’s documents once the contract is over. |