CSG Law Alert: Attorneys: Six Tips to Protect Yourself from Malpractice Claims in Today’s COVID-19 Environment
Last updated April 16, 2020
1. Deadlines. Make sure that for any motion or deadline that is changed that the old one is deleted and the new one is circulated at least on Outlook. If there is any confusion about a deadline someone should get guidance from the judge and not assume anything. With regard to the April 27 upcoming end of the legal holiday, do not assume this will be extended. If you have something due, be prepared to file on April 27.
2. Confidentiality. If you have sensitive paperwork in your house belonging to a client do not throw it out. Save it for when you get back to the office and shred it (unless you have a personal shredder).
3. Be very careful with phishing attempts. You may not be as vigilant in catching these as you would be in the office.
4. Distractions. Do not try to read a lengthy document while cooking dinner, logging the kids into school, etc. Work during a concentrated period of time and triple check everything.
5. Do not dabble. Even if you are slow, do not take on a matter you are unfamiliar with. I would say stay in your lane, but no one is driving these days.
6. Legal advice on contracts you drafted. If you drafted a contract and a client is now asking whether they can break it because of a force majeure clause or is asking whether something is a material adverse effect, this may be a prior work conflict. What if you advise someone they can get out of a contract and a court disagrees? Have you admitted malpractice in how you drafted the contract?
You need to do what you can to minimize mistakes as best you can given the circumstances. Hopefully, these tips will be of assistance.
For additional information pertaining to the coronavirus outbreak, please visit CSG’s COVID-19 Resource Center.
This publication contains general information on recent legal developments and is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Attorney Advertising. Prior results do not guarantee a similar outcome.