Malpractice Avoidance Quick Tip
/ 07.Mar, 2012
Another in our series of malpractice avoidance Quick Tips
1. Be careful what you write and what you say
- Treat all e-mails as if they will be blown up and used as evidence in a future case against you
- Try to avoid unflattering statements about judges, clients, or opposing counsel
- The judicial privilege offers useful protection, as long as you do not send your complaint to the newspaper
- Do not go to a deposition you have been subpoenaed for and testify without representation
2. Who do you represent and who believes you represent them?
-Josh J.T. Byrne, Esquire
- Although you believe you are acting only as a scrivener, others may believe otherwise
- Third-party beneficiaries may believe you represent them
- Use written agreements for retention, disengagement, and non-engagement.