New Hampshire Bar Association
About the Bar
For Members
For the Public
Legal Links
Publications
Newsroom
Online Store
Vendor Directory
NH Bar Foundation
Judicial Branch
NHMCLE

Clio is the most widely-used, cloud-based practice management system in the world.

NH Bar's Litigation Guidelines
New Hampshire Bar Association
Lawyer Referral Service Law Related Education NHBA CLE NHBA Insurance Agency
MyNHBar
Member Login
Member Portal
Casemaker

Bar News - May 15, 2009


Do Malpractice Claims Increase in Tough Economic Times?

           

The answer is, we donít know yet, but claims were on the rise even before the economy turned for the worse in 2008.

           

A recent ABA study of claims filed between 2004 and 2007 showed a total increase of more than 36 percent compared to the previous three-year period.  However, the ABA attributes much of that increase to the fact that more law firms and insurers reported cases to the researchers.  Still, these latest numbers donít reflect the current recession.

           

While you may feel you have nothing to fear since your practice areas donít involve areas of law many blame for the economic collapse, that belief may be unfounded.

           

Clients, desperate to stay afloat, may be more inclined to sue their lawyers, hoping that the litigation will solve their financial problems.  Lawyers are also more likely to sue clients for fees during a recession, resulting in a counterclaim for malpractice.  An increase in the number of foreclosures may mean people are unhappy with related legal services and insolvent clients always pose a malpractice risk for lawyers.

           

To protect yourself from claims, always think twice (or more!) before suing a client for fees; donít dabble in unfamiliar areas of practice; document activities and confirm everything in writing. If you have a risk management question, most malpractice insurance companies have a hotline you can call for assistance and/or advice.

If you are in doubt about the status of any meeting, please call the Bar Center at 603-224-6942 before you head out.

Home | About the Bar | For Members | For the Public | Legal Links | Publications | Online Store
Lawyer Referral Service | Law-Related Education | NHBA•CLE | NHBA Insurance Agency | NHMCLE
Search | Calendar

New Hampshire Bar Association
2 Pillsbury Street, Suite 300, Concord NH 03301
phone: (603) 224-6942 fax: (603) 224-2910
email: NHBAinfo@nhbar.org
© NH Bar Association Disclaimer