Avoiding Legal Malpractice Claims in Litigation

Legal malpractice claims can upend careers and reputations, but they are often avoidable with the right safeguards. In this updated program, attorney Edward X. Clinton, Jr., founder of The Clinton Law Firm, shares practical, experience-driven guidance on how litigators can minimize malpractice risk throughout a case's lifecycle. Drawing on real-world examples, ethics rules, and key decisions from across jurisdictions, this program outlines how malpractice lawyers evaluate files, what warning signs to watch for in client selection, and how to avoid common pitfalls like missed deadlines, unclear representation boundaries, and conflicts of interest. Whether you're defending a client, pursuing a claim, or running a small firm, this session will equip you with the tools to strengthen your practice and protect against costly errors.

Learning Objectives:

1. Explain the key legal requirements for proving a legal malpractice claim and how they vary across jurisdictions
   

2. Recognize high-risk scenarios such as missed deadlines, ambiguous client relationships, and failure to communicate key developments
   

3. Implement best practices in client intake, engagement letter drafting, and file documentation to reduce exposure
   

4. Assess the role of ethical duties - including competence, communication, and conflict avoidance - in minimizing malpractice liability
   

5. Develop strategies for navigating common dilemmas, such as inherited files, fee disputes, and potential errors by prior counsel