1. If in doubt, report the claim to your insurer. Reporting too early shouldn't affect your insurability, particularly if it is unclear whether the potential claim is likely to result in a loss. Most legal malpractice policies require that you report as soon as practicable. Coverage can be excluded if you knew or should reasonably have known about the claim before purchasing the policy. The sooner that you get help on a potential claim, the more likely it is that costs can be minimized. TLIE has seen a lot of claims; we may know of ways to minimize or eliminate damage.
2. 
   If the client asks for the file, give it to them only after you have made a copy. For a full discussion of the client's right to the file, see our newsletter article on the subject. In most cases, you should give them the file as soon as possible to avoid a claim that they were prejudiced by your delay.
3. 
   Withdraw from the representation. In most cases, you will no longer be objective about the proper way to carry out further representation. Clients often argue that an attorney tried to cover up a problem after they discovered it.
4. 
   Don't hide the truth. Clients are always entitled to know the status of their case. If you have made an error, it is best to discuss the situation frankly with the client. This does not mean you should admit liability or promise to pay immediately. You should give the client the facts they need to know to make a decision about how to proceed with their case.

Home  ©Texas Lawyers' Insurance Exchange 1996. This page was last updated on October 4, 2000.