Many malpractice claims are filed because of improper file documentation. Too often, when a ruling is unfavorable to a client, they will deny they ever understood the risks of the plan. If a client denies conversations occurred and there is no documentation, the lawyer is faced with a “he said, she said” scenario.
To prevent a claim being filed against you, always document your file regarding key strategic decisions.
Proper file documentation shows you advised your client of potential risks and allowed the client to make an informed decision on how to proceed.
File documentation at the start of a client relationship
Each new client or project, big or small, should start with an engagement letter that is signed by all associated parties. Though each engagement letter will be different, always include these […]