Legal Malpractice Claims on the Rise, Study Shows

Legal malpractice claims in the U.S. increased in 2019, a trend that’s likely to continue.

Law360 reports that another wave of claims is likely in the coming years as a result of the coronavirus pandemic.

Law360 looks at a recent report by insurance broker Ames & Gough that surveys 10 leading lawyers’ professional responsibility insurers. Together, these 10 insurers provide insurance to 80 of the 100 largest law firms in the U.S. by revenue.

According to the Ames & Gough’s survey, eight of the 10 insurers saw as many or more legal malpractice claims in 2019 than they did in 2018, with three reporting double-digit increases.

Eileen Garczynski, senior vice president and partner at Ames & Gough, told Law360 that this trend may not be going away anytime soon.

“The sustained shutdown of the U.S. economy this year due to the COVID-19 pandemic may trigger yet another wave of legal malpractice claims, similar to what we saw in the aftermath of the 2008 recession,” Garczynski told Law360.

According to Garczynski, economic slowdowns have historically tended to trigger legal malpractice claims.

Other aspects resulting from everyone working from home could also lead to more future legal malpractice claims. According to Garczynski, one big reason for malpractice claims is due to a lack of proper communication and documentation on the part of lawyers, and this risk that presents could be magnified while people were working from home during the pandemic.

“I think we’re going to see an even bigger surge of legal malpractice claims coming out of this,” Garczynski told Law360.

BTG HELPS LEGAL MALPRACTICE VICTIMS

The Business Trial Group has a strong track record of helping clients recover losses in legal malpractice cases.  Our attorneys have filed malpractice cases against well-known law firms for significant errors made on behalf of clients.

In August 2019, a jury awarded $1,790,000 to a Business Trial Group client against her former attorney and his law firm.  In this case, attorneys Benjamin Webster and Damien Prosser represented Laurel Lee Buescher, a real estate broker who had hired the Collins Brown Barkett Chartered law firm to pursue her unpaid commission earned on a large commercial property sale. The jury concluded that, but for the attorneys’ negligence, Buescher would have recovered her commission.

Earlier this year, the Business Trial Group filed a legal malpractice lawsuit on behalf of a client against her former attorney, who failed to timely file her dental malpractice lawsuit within the applicable two-year statute of limitations.

It can be difficult to trust an attorney after being the victim of legal malpractice, but it is important to seek qualified, experienced counsel when filing a legal malpractice lawsuit.  The Business Trial Group understands that victims of legal malpractice can be wary of the legal system.  Our contingency litigation model ensures that our clients do not incur additional financial risk and compound their damages.

CONTINGENCY-FEE LEGAL MALPRACTICE ATTORNEYS

The Business Trial Group handles attorney negligence and malpractice cases on a contingency-fee basis. This means our clients pay no upfront or hourly fees, and our clients pay nothing until we win their case.

Our mission is to not only be the best legal malpractice attorneys in Florida, but to make the highest quality representation affordable. Because we handle legal malpractice litigation on a contingency-fee basis, our clients pay for results, not hours.

To discuss your claim with an attorney at no charge and with no obligation, contact us today or fill out our online form.