Vol. 32, No. 4, 7. Unmet Expectations (i.e., My client is not happy; therefore, I am being sued).

• Author: By Scott E. Ortiz

Wyoming Bar Journal

2009.

Vol. 32, No. 4, 7.

Unmet Expectations (i.e., My client is not happy; therefore, I am being sued)

Wyoming LawyerIssue: August, 2009Unmet Expectations (i.e. My client is not happy; therefore, I am being sued) By Scott E. Ortiz Most of us have been indoctrinated with statistics pointing out those practice areas which make us vulnerable for claims from clients. The Attorney Liability Protection Society (ALPS) statistics confirm the following areas of practice are most likely to be the basis of a claim:

(1) Civil Litigation Plaintiff -PI work had the greatest number of claims (2) Real Estate - not surprisingly, real estate came in a close second (3) Domestic Relations (4) Corporations/Business (5) Collections/Repossession - (violation of the Federal Debt Collections Practice Act) (6) Estate/Probate/Wills/Trusts

Additionally, the fastest growing area of practice for claims was in Civil Litigation Defense. Again, this indicates that corporate clients and insurance companies are becoming more aggressive in pursuing counsel for errors in representation.

However, more claims are being brought from the perspective that the client did not receive the representation expected regardless of whether the outcome was in the client's favor. This directly relates to the failure of lawyers to advise their clients as to expectations and failing to document those discussions. Too often clients complain their lawyer did not fully explain the risks, and although the lawyer says he did, there is no documentation or follow-up correspondence confirming the discussions. This makes defending difficult because it becomes a credibility issue. Furthermore, these cases tend to be expensive because dispositive motions are not available.

Most risk management seminars for lawyers rightfully stress the importance of communication between you and your client. Not only is it an ethical obligation set forth in our professional rules to keep the client well informed (Wyo. RPR 1.4), but keeping our clients well informed with written correspondence, or at a minimum, e-mail communication (which can be verified) helps reduce confusion, surprise, and disappointment when any aspect of a representation does not go in the ideal manner for a client.

Clients often sue lawyers because their expectations became entrenched early in the...