Category Archives: Malpractice Avoidance

2020 in the Rearview

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COVID, wildfires, court operations, and closures dominated headlines and our lives. So did the tech world, the hard work of staying productive, and not letting the stress of it all get to us.

Hopefully you found some useful posts in 2020. If you’ve been battling procrastination, there is help. If you need to jump start your marketing, I did a four part series in July. If collecting fees has been … challenging … I have a few suggestions. Here’s a recap of substantive topics covered in the past twelve months. And here’s to 2021!

COVID

COVID Generally

COVID and Marketing

Reopening Your Firm

WFH (Working from Home)

Technology

Motivation and Productivity

Oregon Wildfires

Courts

Well Being

eDiscovery

Ethics

Fees and Finances

Malpractice

Client Service

Staff

All Rights Reserved 2020 Beverly Michaelis

New ABA Study on Malpractice Claims

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Approximately every four years since 1985, the American Bar Association has published a “Profile of Legal Malpractice Claims.” Plaintiffs’ personal injury and family law are the most frequent source of claims, according to the latest profile. Although the Profile does not correlate the severity of claims by practice area, the Profile’s “anecdotal observations” section suggests  that business and commercial law have traditionally been higher-risk areas on this score…

Risk Management by the Numbers: New ABA Study on Malpractice Claims — NWSidebar

Closer to Home

It is no particular surprise that Oregon mirrors the national statistics.

In 2019, the most recent year for which data is available, personal injury, domestic relations, and bankruptcy/debtor-creditor law top the list for frequency of claims in our state. They do not, however, represent the biggest payout. In fact, they don’t make the list.

If your concern is cost, look to business transactions, securities, other civil litigation, tax/non profit law, intellectual property, and construction.

Here are the details:

Don’t become a statistic

The risk of a legal malpractice claim can be greatly reduced by taking advantage of practice management resources. HOW you run your practice matters as much – or more – than the area of law you choose. Reading blogs, getting advice, and scheduling a webinar are all ways to educate yourself on malpractice traps.

Learning to manage your workflow and properly track deadlines is a must. So is managing your time. Reach out if you need help or have questions. Take advantage of PLF and OAAP resources. Getting your systems and procedures in order is the single most effective step any lawyer can take to manage the risk of a claim. This applies to those practicing in larger firms too. Your firm supplies the software and procedures, but when it comes down to managing your personal caseload that’s up to you.

All Rights Reserved 2020 Beverly Michaelis

Procrastination in the Time of COVID

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Do you find yourself avoiding work? Feeling anxious or stressed? Dreading what you might read in emails or hear in voicemails?

You are experiencing procrastination. And possibly depression. With the upheaval COVID has brought to our lives, getting up in the morning may feel challenging.

Understanding and addressing procrastination is difficult. One of the better explanations appeared in a post on The Productive Mindset:

  • Procrastination is not a time-management problem.
  • Procrastinators often have anxiety or doubts about their abilities, or about the perception others have of their abilities.
  • Many procrastinators would prefer others think they lack drive instead of providing the opportunity for others to question their capabilities.
  • Underlying fear of failure or fear of success is common among procrastinators.
  • Depression and procrastination go hand-in-hand.

Fear, Anxiety, and Doubt

While the original Mindset post is no longer available, Googling “the psychology and behaviors of procrastination” reinforces that fear, anxiety, and doubt are major players here. Factor in a major life change – like a pandemic – and the stress ratchets up threefold.

Does This Sound Like You?

  1. Do you put off taking care of important things to the point of jeopardizing relationships, career, finances, or health?
  2. Do you put off doing what you need to do until a crisis develops?
  3. Do you put off doing tasks unless you can do them perfectly or until you can find the perfect time to do them?
  4. Do you hesitate taking necessary action because you fear change?
  5. Do you think about things you’d like to do but rarely get around to doing them?
  6. Do you believe that projects or tasks will somehow take care of themselves?
  7. Do you overcommit yourself?
  8. Do you tend to do only what you want to do instead of what you should do?
  9. Do you tend to do only what you think you should do instead of what you want to do?

Adapted from It’s About Time, by Dr. Linda Sapadin with Jack Maguire [Procrastination Self Test.]

Ending the Paralysis and Self Sabotage

We all procrastinate occasionally. But if putting things off is affecting your practice, home life, health, or finances – don’t struggle alone. Oregon lawyers are encouraged to contact an Attorney Counselor at the Oregon Attorney Assistance Program (OAAP) any time for help with this issue. The OAAP is free and confidential. They are an excellent resource if you are experiencing depression, which is often the real story behind procrastination.

You can read more about the paralysis of procrastination here.

All Rights Reserved 2020 Beverly Michaelis

Federal District Court Draws Distinction Between Disciplinary and Malpractice Defense in Coverage Decision

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Professional liability policies for lawyers and law firms often distinguish between disciplinary and malpractice defense. Some don’t cover disciplinary defense or, if they do, include a much lower coverage limit. A recent decision from the U.S. District Court for the Western District of Washington underscored the practical impact of the distinction between disciplinary and malpractice coverage.

Chochrane v. American Guarantee & Liability Insurance Company, 2020 WL 3798928 (W.D. Wash. July 7, 2020) (unpublished), was a coverage action by a lawyer against her carrier. The lawyer’s professional liability policy included coverage for disciplinary matters—but the limit was only $10,000. A grievance had been filed against the lawyer. No separate litigation for malpractice, however, was involved. Although the disciplinary matter was eventually dismissed, the lawyer incurred substantially more than the $10,000 limit in fees and costs in her defense. Because a part of the grievance included allegations of malpractice, the lawyer argued that her carrier should cover the expenses above the $10,000 limit. The carrier declined and the lawyer brought a coverage case against the carrier.

via Fine Print: Federal District Court Distinguishes Disciplinary and Malpractice Defense in Coverage Decision — NWSidebar

Learn about Oregon’s Professional Liability Fund Primary Coverage plan here.