The personal impact of a malpractice claim is severe. Among the costs are lost profits, time thrown away, assault on your reputation, and added stress. And malpractice claims also cost the legal profession as a whole by eroding our credibility and respectability. Other risky activities are not so obvious, but they do follow common patterns. Interestingly, both the broad patterns and their details repeat in other provinces and in other countries.
Malpractice everywhere results from the same general and specific causes.
For instance, a recent Australian study points out that behind most malpractice claims you'll find certain broad practice attitudes. Here are some finer details, some more specific causes of malpractice. Malpractice claims most often stem from errors at the very beginning of a representation, errors in choosing a client or in setting up the relationship with a chosen client. So it's important to focus on risk management at the start, when you're about to open a file. Catch conflicts early Your first chance to avoid the pain of a malpractice claim comes before you begin your first meeting with a potential client.