Lawyer Malpractice Insurance: Most Common Reasons Lawyers Get Sued

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In recent years, lawsuits against lawyers and attorneys have become increasingly common. There are many ways that a lawyer may be exposed to legal claims, however the most common claims they face are accusations of negligence, breach of fiduciary duty, or fraud.

If your client is sued due to negligent behavior, the accuser must be able to prove that the lawyer or attorney did not use a reasonable degree of care in the case in question. Basically, they must prove that the lawyer took some action that a cautious lawyer would not have, or even that the attorney failed to complete an action. Examples of this could include the lawyer allegedly giving wrong advice, failing to file public documents, or acting to create a conflict between himself and his client.

Attorneys serve as the fiduciary of their clients and therefore owe their clients a duty of utmost good faith. The lawyer is obligated to place the interests of the client above the interests of the attorney or law firm and may not take advantage of his position to gain a profit at the expense of his client. Fiduciary duty cases arise in a number of situations, but most commonly they occur when there is a conflict of interest between the attorney and their client.

Fraud is another common claim faced by lawyers and attorneys. They may be accused of fraud if they make a misrepresentation that they know is false with the intent that their client acts on it, and the client eventually acts on it. An attorney could also commit fraud by failing to disclose or concealing facts from their client.

At Insurance for Lawyers (IFL), we understand the risks your legal clients face, and offer comprehensive lawyers malpractice insurance. To learn more about our coverages, please contact us today at (855) 976-9898.


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