Roughly four out of five attorneys will face a malpractice suit during their careers, and 70 percent of all malpractice claims target firms with five or fewer attorneys. For solo and small-firm lawyers, the risk of a claim is not hypothetical—it is highly probable. Even attorneys acting in good faith and with diligence can be accused of professional negligence.
Legal malpractice claims can cause serious damage to a lawyer’s finances, professional reputation, and ability to practice. Whether a claim has merit or not, it must be handled quickly and carefully to avoid compounding the issue. Understanding the most common causes of claims, when to report them, and how insurance protects your practice is essential for managing risk.
What is a legal malpractice claim?
A legal malpractice claim occurs when a client sues an attorney for professional negligence or misconduct. The client typically must prove that their lawyer breached a duty of care, that this breach caused harm, and that damages resulted. Common triggers include missing filing deadlines, giving incorrect legal advice, or failing to follow a client’s instructions.
While some claims are grounded in actual errors, others may stem from a client’s dissatisfaction, even if the attorney acted appropriately. Regardless, it must be reported to your malpractice insurer.
Also read: Critical Questions to Ask Before Purchasing Legal Malpractice Insurance
Common types of legal malpractice claims
Most legal malpractice claims fall into several well-defined categories. According to recent industry data, the most frequent claims involve:
- Failure to file within the statute of limitations – Often the most challenging to defend, as attorneys must show that the case had no merit to begin with
- Poor advice or legal guidance – Misinterpreting the law or providing incorrect recommendations
- Lack of knowledge about the law – Missing key case law or statutory provisions
- Conflicts of interest – Representing parties with competing interests without proper disclosure
- Failure to follow client instructions – Not executing tasks the client has explicitly requested
Report issues right away, even if the claim lacks merit
Every attorney has an ethical duty under Model Rule 1.4 to keep clients informed, especially about mistakes that could impact their case. Failing to disclose an error not only risks disciplinary action but may also pause the statute of limitations, extending your exposure to liability.
Moreover, all professional liability insurance policies require prompt reporting of actual and potential claims. According to the American Bar Association, many policies state that insureds must report any situation they believe “could reasonably be expected to be the basis of a claim.”
That includes:
- Known errors
- Client complaints that seem likely to escalate
- Circumstances occurring before a change in insurers
Failing to report these events can jeopardize your insurance coverage entirely.
Also read: Top Reasons Lawyers’ Professional Liability Insurance Claims Get Rejected
Never attempt to “fix” it yourself
Fixing a mistake quietly may seem noble, but it is rarely effective. In most cases, clients eventually learn about the error. If a legal malpractice claim is filed later, courts may view your lack of disclosure unfavorably—potentially influencing the judgment amount.
Also, once you notify your insurer of a problem, you may be required to inform them of its resolution. While this can feel burdensome, it is far better than facing a denial of coverage because the issue was hidden.
Seek professional support, not direct communication
When faced with a possible malpractice situation, avoid direct communication with the affected client. Let your insurance company manage all client interactions. They can appoint legal counsel, advise on ethical obligations, and take steps to minimize harm.
If you are unsure how to proceed, check whether your state bar offers confidential helplines or peer consults. These programs allow you to speak with an ethics expert without triggering formal complaints.
Preventing legal malpractice claims starts with awareness
While legal malpractice claims are common, many can be avoided through preventive strategies:
- Use reliable docketing systems to manage deadlines.
- Document all client instructions in writing.
- Conduct regular file reviews.
- Maintain open communication with clients.
- Purchase quality professional liability insurance.
A missed deadline or misunderstood legal issue can turn into a career-defining lawsuit if handled poorly. However, a potential crisis can often be mitigated with early reporting and the right insurance partner.
Also read: How Much Does Professional Liability Insurance Cost for Solo Attorneys?
Protect your practice with the right insurance
Professional Liability Insurance
—also called errors and omissions coverage—provides a safety net if a client files a claim. It pays for legal defense, settlements, and judgments that could otherwise threaten your business.
At Protexure Lawyers, we offer tailored policies for solo attorneys and small firms. Our policies cover missed deadlines, conflicts of interest, poor advice, and more. We also help you avoid claims by offering expert guidance from the moment a concern arises.
Legal malpractice claims can happen to any attorney, regardless of skill or good intentions. The key is knowing how to recognize risk, respond promptly, and rely on professional liability insurance to safeguard your firm. By reporting all potential claims early—even if you believe they have no merit—you protect your reputation, your license, and your financial stability.
