COVID-19 Relief Law - Avoiding Professional Malpractice

COVID-19 & Legal Malpractice

COVID-19's impact on the legal industry has presented a challenge that it was not prepared to grapple with. Sweeping legislative changes to statutes on both the Federal and State levels and the near total closure of most courts and office locations have forced many attorney's practices totally remote. The following items are useful for any attorney practicing during this paradigm shift to avoid potential malpractice liability: 

Deadlines

Calendar all deadlines in advance and preset reminder notifications to several individuals, if possible, to maximize the practices awareness. Further, if any deadline is unclear as to its scheduling status, request guidance from the judge and do not assume a cancelation or extension. 

Confidentiality

Working from home or a remote location creates difficulty without access to a law office's disposal services. Retain any and all documents with sensitive or confidential client information in one secure file at your temporary location and dispose of all documents once access to your location is restored. 

Due Diligence

Working remote still requires the same standard of attention to complex drafting and research as is standard in the proper work location. Attempt to avoid any household distractions to the extent possible when drafting and recheck all of your work.

Expertise

This unprecedented crisis provides a tempting opportunity for attorney's to branch into new practice areas due to heightened demand in certain areas of practice. If venturing into a new practice area, learn and consult with other practitioners and proceed cautiously.