Managing Partner Randall A. Miller authored the article, “The Economic Downturn and its Effect on Claims Against Attorneys” published by Claims Journal discussing techniques lawyers should use in a now statistically verifiable “second wave impact” where lawyers face increased incidence of claims by disgruntled clients. With the magnitude of claims increasing steadily since the 2007 mortgage crisis, Mr. Miller advises, “Lawyers should engage in risk management techniques in order to shield themselves from such claims.” Techniques might include choosing clients with care by performing thorough background research, clearly defining terms in a strong attorney-client retainer agreement, and most importantly, keeping meticulous documentation of all communication with clients.

Alternatively, should a lawyer find themselves in litigation with a malpractice suit, Mr. Miller recommends considering litigation strategies that may eliminate or mitigate exposure. With increased claims comes increased attorney premiums, which may make it difficult to secure insurance in the future.

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