6 Trial Lawyer • Fall 2023 By Sharnel Korala Mesirow Legal malpractice is a concerning mat- ter with far-reaching implications for clients and attorneys alike. In my capacity as a claims attorney at the Professional Liability Fund (PLF), the mandatory provider of primary malpractice coverage for Oregon lawyers in private practice, we are presented with a distinctive advantage of having access to complete market of practicing attorneys. By engaging with this diverse community of lawyers, we are able to amass invaluable information and identify the underlying causes of malpractice. Over the 45-years of its existence, the PLF has successfully discerned five primary factors contributing to legal malpractice. My goal here is to shed light on these factors and, in turn, offer practical solutions to safeguard against these pitfalls. Quality of legal representation One of the key factors leading to legal malpractice is the quality of legal representation. Attorneys have a duty to provide competent and diligent services to their clients. However, inadequate legal research, failure to file documents on time or lack of understanding of relevant laws can result in malpractice claims. Attorneys who lack the necessary expertise or fail to stay up-to-date with legal developments may unintentionally harm their clients’ interests. Solution: Get a mentor. A mentor offers a wealth of experience, wisdom and guidance that textbooks and classrooms simply cannot provide. They can help you navigate the complexities of the legal profession, offer insights into various practice areas and share practical advice on building a successful career. A mentor can also serve as a source of motivation, encouraging you during challenging times and celebrating your accomplishments. By establishing a mentor-mentee relationship, you gain a trusted confidant who can help you avoid pitfalls, broaden your network and foster your professional growth. Embrace the opportunity to learn from those who have walked the path before you, as a mentor's invaluable support can shape your journey toward becoming a skilled and well-rounded lawyer. Ineffective communication Effective communication is vital in the legal profession, and its absence can contribute to legal malpractice. Miscommunication or failure to provide timely updates to clients can lead to misunderstandings and frustration. Furthermore, poor communication between attorneys and opposing counsel can result in missed opportunities for settlement or compromise. Solution: Engage in a face-to-face discussion. While modern technology has enabled remote communication, face-to-face interactions offer unique benefits. In-person meetings allow for a deeper understanding of a client’s needs, emotions and concerns, enabling you to provide more personalized and empathetic legal counsel. It also builds trust and confidence, as clients feel reassured by the direct connection and your undivided attention. Moreover, it provides a space to gain understanding on the recommended course of action and may lead to more frank discussions of the evidence. Embrace the power of in-person meetings to establish rapport, demonstrate your dedication and ensure clients feel valued and supported throughout their legal journey. Client management issues: Client management plays a crucial role in preventing legal malpractice. Attorneys have a responsibility to properly Sharnel Korala Mesirow Unveiling the Primary Factors in legal malpractice
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