Malpractice Minute: Confirming the Attorney/client Engagement

• Publication year: 2003
• Pages: 39
• Citation: Vol. 32 No. 1 Pg. 39

32 Colo.Law. 39 Colorado Lawyer 2003.

2003, January, Pg. 39. Malpractice Minute: Confirming the Attorney/Client Engagement

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39

Vol. 32, No. 1, Pg. 39

The Colorado Lawyer
January 2003
Vol. 32, No. 1 [Page 39]

Departments
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Malpractice Minute: Confirming the Attorney/Client Engagement
by Christopher Buckman

Facts

Based on current national statistics, approximately 6 percent, or 55,000 attorneys, of the 951,000 people working as attorneys in the United States are likely to face allegations of legal malpractice in any given year

One-fifth of all professional liability claims are initiated by non-clients. Most often, non-client claimants include participants in a multi-party transaction, beneficiaries, and those who claim to have relied on advice or a legal opinion the attorney provided to a client that the client then disseminated to others.

Lawyers in all areas of practice, at all levels of experience, and in all size firms have an increased risk of being sued for negligence. In fact, risk rises with the length of time in practice.

Prevention Tips:

Engagement Agreements

G Identity of Client and Attorney

This may sound obvious, but it can go a long way in preventing or resolving any potential misunderstandings. In some cases, practitioners also may need to specify whom they are not representing.

Scope of Services

G Specify the Matter for which the Firm has been Retained

Clients may be involved in more than one claim. By specifying the matter for which the firm has been retained, the practitioner can avoid any potential claim that the client had hired him or her for both matters.

Withdrawal

G Spell Out the Right of Withdrawal

Any engagement agreement should spell out the attorney's right of withdrawal and should be signed by both the attorney and client.

Non-Engagement Letters

G The Non-engagement Letter Must Contain Certain Important Information

Non-engagement letters should be...