12 Malpractice Tips for the Holidays

 The last thing your holiday season needs is a malpractice claim. Over the next several weeks, let us give you 12 tips to avoid malpractice as our gift to you!

Tip #1 Pay Attention to Deadlines: The number one cause for a malpractice claim is a missed deadline -- Does your firm have two calendars in place? Are at least two people in the law firm aware of all deadlines?

Tip #2 Use a Checklist: Being too familiar with a process can often lead to mistakes. Do you have a checklist for each case, and do you reference it frequently?

Tip #3 Always be Polite to Opposing Counsel: In the face of a claim, who better to testify on your behalf than your angry client's own lawyers?

Tip #4 No Shortcuts: They are too risky. The jurisdictional rules may be tedious to follow, but defending a malpractice claim is a lot worse.

Tip #5 Keep a Secret: Be careful to protect your clients' rights to confidentiality. That means protecting their personal information from the general public and from your other clients.

Tip #6 Be Choosy: Say, "no" to cases that require more time, money, staff or expertise than you are able to offer. Self-restraint will gain you security in the long run.

Tip #7 Talk About Money: Your client will appreciate an honest explanation of the costs involved in their case more than a surprise bill or fee suit.

Tip #8 Keep the Client Informed: Regularly updating your clients on the progress of their case demonstrates your hard work and personal care for their situation.

Tip #9 Report Potential Claims to Your Carrier: If you made a mistake, be honest about it and tell your carrier all the details. It is important that you have ample time to respond to a potential malpractice claim.

Tip #10 Document (almost) Everything: Keep records of how a client was advised and the major decisions that were made. A well-kept file not only helps you better serve your client's needs, but it helps your carrier better defend a claim.

Tip #11 Manage Client Expectations: Your client may be expecting a settlement that is much higher than you are able to guarantee. Explain to your client the best and worst case scenarios of their case.

Tip #12 Thank Your Staff: They are the ones that do the daily work of avoiding malpractice claims. Who knows how many claims they have helped you avoid this year? They deserve a, "Thank you," for helping you protect your practice!

Happy New Year!