7 Trial Lawyer • Fall 2023 manage their clients’ expectations, provide realistic assessments of their legal matters and maintain open lines of communication. Failure to manage clients’ expectations can lead to dissatisfaction and potential malpractice claims. Additionally, attorneys must ensure that they have the necessary resources and time to effectively handle their caseloads to avoid negligence or oversight. Solution: Sometimes the best thing you can do is decline a client. Some key warning signs to watch for include clients who are uncooperative or dishonest during the initial consultation, as this may indicate challenges in communication and trust. Clients with unrealistic expectations or demands beyond the scope of legal norms could lead to untenable situations. If conflicts of interest arise, such as representing opposing parties in the same matter, it is crucial to avoid compromising professional integrity. Additionally, clients who frequently switch attorneys or have a history of lawsuits may raise concerns about their credibility or the viability of the case. Evaluating these red flags early on can help lawyers make informed decisions about client representation, ensuring they can provide competent and ethical legal services while protecting their own reputation. Office systems management issues Efficient office systems management is essential for the smooth operation of a law firm and to prevent legal malpractice. Poorly managed systems, such as disorganized case files, inefficient billing practices or inadequate document management can increase the risk of errors and omissions. Implementing effective systems, including case management software, standardized processes and regular staff training can mitigate these risks and enhance overall efficiency. Solution: The Professional Liability Fund is an excellent resource for attorneys and their staff. The team of practice management attorneys (PMAs) offer guidance on various aspects of law practice management and malpractice prevention. Oregon State Bar members can seek guidance by contacting a PMA directly with any inquiries related to law office management. Additionally, they can schedule free and confidential phone, in-person or videoconference meetings with a PMA to receive assistance on a range of topics, including opening or closing a law practice, joining or leaving a firm, enhancing office systems and procedures, improving client relations or trust accounting. Attorney impairment Medical issues, substance abuse, mental health impairment or personal challenges can lead to compromised attorneys, which ultimately can have a detrimental impact on the quality of legal representation. Impaired attorneys may find it difficult to maintain the high level of diligence required to handle cases effectively, resulting in compromised client outcomes. Additionally, impaired judgment can lead to poor decision-making in legal matters, potentially leading to errors or oversights that could result in legal malpractice claims. Solution: By implementing succession planning and fostering connections with fellow attorneys capable of assuming responsibility for ongoing cases in unforeseen circumstances, practitioners can ensure both personal and client peace of mind. Having a contingency plan in place enhances preparedness and allows for the smooth continuation of legal matters, contributing to the overall efficiency and reliability of legal practice. In addition, attorneys can avail themselves of therapeutic support and guidance through the comprehensive offerings of the Oregon Attorney Assistance Program. Sharnel Korala Mesirow is a claims attorney at the Professional Liability Fund with 20 years of legal experience. She can be reached at 503-639-6911.
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