Sooner or later, every lawyer makes a mistake. It may be a drafting error in a contract, an improperly calendared court deadline, or an argument not properly preserved for appeal. Sometimes, the errors can be fixed with a phone call or amended agreement, and the client doesn’t suffer any resulting damages. Sometimes, however, the errors are more daunting. What then?
How an attorney responds in those critical moments upon discovering her or his own mistake (or that of a colleague) may determine whether a mistake can be rectified or whether it will grow into a claim for legal malpractice.
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