Clients, Law Firms Get ‘Savage’ As Legal Malpractice Claims Increase

"The first thing we do," said the character in Shakespeare's Henry VI, is "kill all the lawyers."

Attorney malpractice claims are escalating in numbers and intensity, making us wonder if clients, anxiously looking to recoup the hefty sums of money lost because of the struggling economy, are recalling the literal interpretation of Shakespeare’s well-known verse.

“Over the past several months, we have seen a dramatic increase in legal malpractice filings, a trend that would never been seen in a better economic environment,” Fisher, Rushmer, Werrenrath, Dickson, Talley & Dunlap shareholder John E. Fisher told the ABA Journal. “Now, more than ever, attorneys need to be mindful of their actions when dealing with clients."

In Florida, the depressed real estate market is driving many distressed buyers to look for any way out of housing contracts, including blaming their lawyers for their financial issues, said Mike Downey, a partner at Hinshaw & Culbertson.

“People are feeling a bit more desperate,” Downey said. Lawyers are delving into unfamiliar practice areas, and some clients are being less honest, putting attorneys at risk for professional liability issues, he added.

It’s not only clients who are spiteful. Downey said his phone is ringing with phone calls from lawyers complaining about malicious conduct from opposing counsel.

Chicago-based lawyer George B. Collins of Collins, Bargione & Vuckovich, agrees there is a meaner spirit to the recent spate of malpractice suits—and it’s aimed at unexpected targets. “The nastiness is hitting lawyers in substantial law firms, not the type of people you would expect to be in a malpractice suit,” Collins said. “It’s savage the way big firms are attacking each other.”

What advice is there for lawyers looking to protect their practices?

In addition to securing sufficient malpractice insurance, Collins cautioned lawyers against dabbling in practice areas outside of their expertise. "My main tip would be don't go where you don't belong."