Legal Malpractice Avoidance Tip: Case Selection
This month’s Legal Malpractice Avoidance Tip looks at the diligence required in actually choosing to represent a client… or not!
In choosing whether or not to represent a client in a potential legal malpractice claim, one of the first questions to consider asking yourself is: Will You be Able to Competently and Diligently Pursue the Matter?
Perhaps stating the obvious: Don’t accept matters that are beyond your level of expertise and experience! On the job training leads to mistakes and malpractice claims.
It also might be an ethical violation. Rule 1.1 of the Rules of Professional Conduct provides the following:
“A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.”
Also ask yourself – Can I handle this case in addition to my current or future case load? While you may be perfectly qualified to handle a particular matter, you may lack the time or resources to give it the required attention.
Rule 1.3 of the Rules of Professional Conduct provides the following:
“A lawyer shall act with reasonable diligence and promptness in representing a client.”