Litigation » Expected Increase In Legal Malpractice Claims

Expected Increase In Legal Malpractice Claims

Cartoon of a smiling stick figure in holding a drill after drilling a hole in his own boat.

December 7, 2022

A Georgia attorney with a legal malpractice specialty reports that malpractice carriers are expecting to see a claims uptick. Historical factors fueling this trend include the fact we are currently experiencing “the largest transition of wealth in human history as the population is aging and transferring wealth to their heirs,” he says. That’s generating a lot of legal work in an area that can be fraught with highly personal antagonisms and in which – “unfortunately,” as the author notes – “professional mistakes will happen.” Malpractice claims are also being spawned by changes in work patterns resulting from the pandemic, he says.

The writer also discusses the unique anatomy of the malpractice claim (which he calls “The Case Within the Case”), including the most common triggers and what attorneys can do to steer clear of them. Not surprisingly, breakdown of communication with the client is high on the list, but he has some suggestions that go beyond the familiar bromide about prompt return of phone calls. Appearing on the website of Miles Mediation & Arbitration, this post also makes the case there are reasons why legal malpractice matters are particularly well-suited for alternative dispute resolution.


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