Claims for legal malpractice—when a client threatens legal malpractice but has not yet sued—are becoming more and more common. Although many attorneys take steps to reduce the risk that they will receive such a claim, statistics show that many malpractice claims lack merit as a matter of law. However, being on the receiving end of a claim can be a scary situation.
How an attorney proceeds upon receiving a potential claim can have serious implications on the resolution of the claim as a whole. In fact, sometimes an attorney’s response can make it so that a dismissible claim becomes a lawsuit with significant exposure or high costs.
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