ALIA specializes in providing attorneys' malpractice insurance.  Help us to help you!

Manage your risk

We've provided some tips which may help you to reduce your risk of client dissatisfaction, and we'll periodically update this page. Check the web site of your State Bar or Practice (Trial Lawyers) Associations or the ABA's web site for additional information.

Links to state bar sites for the states in which we are licensed (as well as for the ABA) are made available to you on our links page.

Clients are often frustrated by a lack of consistent communication with their attorneys. A top complaint is that attorneys are hard to reach and that they don't return telephone calls. We've compiled some tips on how to maintain better communications with your clients

Ten commandments for effective client communications

  1. Constantly update your client about the status of their case. It is critical that your client understands the importance of certain deadlines and activities, your case strategy, all incurred or projected expenses, and all options available to them as they arise.
  2. During client intake, make sure that you can identify any potential conflicts of interest.
  3. Listen to and carefully screen your prospective clients. Never promise more than you can deliver, and make sure that your client has reasonable expectations about his or her case and all possible outcomes.  Investigate your prospective client's history with other legal counsel.
  4. Confirm in writing the terms of your relationship (engagement letter and/or fee contract).
  5. Confirm in writing your decision to decline to represent.
  6. Use a docket or calendar management system for filing requirements and for client communication.
  7. Document all activities.
  8. Notify your client in writing about all settlement offers and demands. It is a good idea to copy opposing counsel on these communications as well.
  9. Employ good and systematic office practices. In particular, maintain your files. You should be able to access all important case paperwork and files fairly quickly.
  10.  When you have completed a client's case or matter, confirm (in writing) that you are terminating your representation. You should include all appropriate financial accounting or your final bill at this time.

ALL AREAS OF PRACTICE

 COMMON ASSERTIONS OF CLIENT DISSATISFACTION

  • Failure to file or respond in a timely manner
  • Inadequate preparation
  • Poor advice or failure to advise
  • Failure to follow instructions
  • Poor strategy or improper drafting
  • Unethical conduct
  • Misrepresentation
  • Employee dishonesty
  • Inadequate investigation
  • Employment practices liability
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