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Keeping Internal Communications Private Is Paramount During Malpractice Suits

The Recorder

Increasingly, attorneys and law firms face the prospect of a legal malpractice claim. Sometimes, the first notice is a demand or complaint. Other times, a client threatens a claim during the course of a representation, or somehow indicates to an attorney or firm to suspect a potential claim. More commonly, an unexpected or adverse development causes a firm to consider the possibility the client might blame them.

The first step for an attorney is to talk with colleagues about the issue and determine whether any exposure is real or imagined. While completely reasonable, those inquiries and related communications—often by email—can be either the best or worst decision an attorney will make in connection with a potential claim for legal malpractice.

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