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After a disaster strikes, many people are left struggling with how to pick up the pieces. As an attorney, if something happens to your office, you need to know how to avoid a malpractice claim. This checklist will give you a place to begin.

The Missouri Rules of Professional Conduct (Specifically 4-1.1-Competence and 4-1.3-Diligence) require lawyers to plan for disaster related events to protect their clients’ interests. Some types of disasters are specifically mentioned in the Rules as events lawyers are ethically obligated to plan for (see, M.R.P.C. 4-1.3 COMMENT [5]:

Ethical and Malpractice Considerations when Going Paperless

 

Many lawyers accused of malpractice learn too late that minimal risk management procedures could have prevented the costly claim. Performing a self audit of your law firm’s risk management procedures is an efficient way to determine your firm’s malpractice risks. The new year is a great opportunity for lawyers to perform a self-audit on their current firm risk management practices and procedures. 

In order to make the self-audit more manageable, firms may want to consider breaking the project down to a month-by-month audit. The following information offers suggested areas of review and proposed risk management procedures for law firms to implement throughout the year.

 

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WARNING AND DISCLAIMER: The information herein was prepared by The Bar Plan Mutual Insurance Company for general information purposes, and should not be construed as legal advice or legal opinion with regard to any specific circumstance or set of facts. The reader must conduct independent research and analysis to determine all possible and appropriate legal and ethical issues that might apply to a specific situation and the best way to address these issues in the jurisdiction where the reader is located. Professional Conduct Rules vary from state-to-state. Depending on the location of the reader, the information in this article may are may not be applicable.

Our Articles page is provided as a resource to our visitors in need of information.
 

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