Highlights of the ABA’s Legal Malpractice Claims Study 2008 - 2011 Midwest Lawyers, LLC.

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Presentation transcript:

Highlights of the ABA’s Legal Malpractice Claims Study Midwest Lawyers, LLC

 In the latest study, “Profile of Legal Malpractice Claims” 2008 – 2011, published by the American Bar Association’s Standing Committee on Lawyers’ Professional Liability, law firms continue to be targets of professional liability claims Midwest Lawyers, LLC

The study showed that there was a decrease in lower-dollar amount claims and increases in higher dollar amount claims similar to what occurred in the and 1985 – 1995 studies which were also periods of economic recession in the United States. Midwest Lawyers, LLC

In the ABA’s profile of legal malpractice claims : 2008 – 2011 Personal Injury Plaintiff fell to second place behind Real Estate. This was attributed in the study to a decline in Personal Injury Plaintiff claims of 5.97 percent in 2011 and 4.37 percent overall since 1985 while an Overall growth of Real Estate claims of 3.8 percent occurred. In the ABA’s profile of legal malpractice claims : 2008 – 2011 Personal Injury Plaintiff fell to second place behind Real Estate. This was attributed in the study to a decline in Personal Injury Plaintiff claims of 5.97 percent in 2011 and 4.37 percent overall since 1985 while an Overall growth of Real Estate claims of 3.8 percent occurred. AS REPORTED IN THE ABA’S PROFILE OF LEGAL MALPRACTICE CLAIMS : 2008 – 2011 SEPTEMBER 2012 Midwest Lawyers, LLC

Most Common Alleged Errors AS REPORTED IN THE ABA’S PROFILE OF LEGAL MALPRACTICE CLAIMS : 2008 – 2011 SEPTEMBER 2012 Midwest Lawyers, LLC

Most notably was an increase in claim expense payments in the $10,001 - $25,000 category and the indemnity paid category of $10,000 - $50,000. The largest decrease in both the defense or indemnity payments was in the $0 to $10,000 category. Midwest Lawyers, LLC

Period Of Time From Opening To Closing Of Claim File Midwest Lawyers, LLC As reported in The ABA’s Profile Of Legal Malpractice Claims : 2008 – 2011