Over the years, increasingly more clients have begun to sue their attorneys for legal malpractice. There are many reasons to explain the increased number of legal malpractice claims, including the recent downturn in the economy. In order to avoid these lawsuits, attorneys must be cognizant of their ethical duties to their clients and also the sources of client discontent that lead to the greatest amount of legal malpractice claims.
To learn how you can avoid legal malpractice claims, join attorney Mark Wilson for a look at the greatest areas that lead to malpractice liability and how you can establish a good rapport with the client and avoid ethical pitfalls and lawsuits. The main issues discussed include recent malpractice trends, how best to proceed if you decide to accept the case, the importance of using fee agreements, early preparation, giving the client guidance, intelligent time keeping, learning your craft and client trust accounts. Further topics addressed include the reputation of attorneys, malpractice statistics, the downturn in the economy & the increased incidence of malpractice claims, deciding whether to accept the assignment, avoiding difficult clients, appearance & reality, documenting the attorney-client relationship, avoiding conflicts of interest, conflict waiver letters, the retainer agreement, corresponding frequently with clients, jury instructions, why information is not enough, block billing, “no charge,” proper staffing, timekeepers, competence, workload, client trust accounts and attention to detail.
A seasoned trial attorney and skilled negotiator, Mark B. Wilson has won nearly every case he has tried or arbitrated, losing only one jury trial in which the appellate court reversed the judgment in his client’s favor. He tries cases in both federal and state courts in a variety of matters, including copyright infringement, construction defects, covenants not to compete, breach of contract, attorney malpractice, unlawful detainer and personal injury. He and his partner have recovered almost $100 million in plaintiffs’ cases and have won defense verdicts in “bet the company” cases where millions of dollars were at stake. He has been acknowledged as a Southern California Super Lawyer for eight consecutive years in the areas of business litigation, construction litigation and intellectual property litigation. He is also recognized as one of the elite trial attorneys in Orange County by OC Register Metro magazine. He achieved an “AV” rating from Martindale-Hubbell denoting the highest level of professional excellence from his peers. Mr. Wilson is also a frequent lecturer to bar organizations on modern trial techniques and has authored several articles on trial practice.