Sometimes the first notice of a legal malpractice claim is a demand or a complaint. However, attorneys or law firms often become aware of a claim through threats from the client during the course of a representation or through circumstances that indicate that the attorney or law firm should suspect a claim. In such situations, the first step taken by attorneys is often to discuss the issue with colleagues to assess whether the attorney or the law firm faces any exposure. But this can be an issue that is much more complicated than it might appear, primarily due to whether an attorney can claim a privilege with the firm’s general or in-house counsel.
This is a high-profile issue that is receiving attention from courts. See RFF Family Partnership v. Burns & Levinson; St. Simons Waterfront v. Hunter, Maclean, Exley & Dunn; and Crimson Trace Corp. v. Davis Wright Tremaine.
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