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?
  • 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.
-Josh J.T. Byrne, Esquire