A 2005 ABA study on legal malpractice estimates that annually between 4 and 17 percent of all US-based lawyers will be sued for malpractice. While some practices are more susceptible to malpractice claims than others, the risks are substantial for all lawyers. And malpractice claims impact more than individual attorneys: They can have significant repercussions for the attorneys’ law firms.
Despite the best systems and protocols to avoid claims, even the most conscientious and reputable attorney may experience a malpractice claim at some point during his or her career. That’s when our years of experience representing attorneys can prove invaluable. Whether it is a pre-claim matter, a suit pending in state or federal court, a matter in arbitration, or a matter on appeal, we have the skill and experience necessary to thoroughly analyze the exposure and potential damages of a claim, and to recommend and implement the best approach for resolving the dispute quickly and economically.
When legal malpractice cases do go to court, KCF brings its substantial experience to the table. Our cases have shaped the law on liability to non-clients, non-economic damages, contingent fees, statute of limitations and punitive damages. As a result, we know the chief players in the industry; we understand the issues and concerns held by the targets of a malpractice claim -- the lawyer, the firm, and the company insuring them -- and we can recommend a game plan to secure the best outcome circumstances permit.
Our legal malpractice clients are sophisticated and knowledgeable, and we welcome their input in preparing and presenting a defense. When appropriate, we can focus on resolving cases early through mediation and other forms of alternative dispute resolution. But some cases need to be tried, and when they do, we will show how we have earned our reputation of being zealous advocates for our clients in the courtroom.