Because the “new normal” is a hotbed for malpractice claims and other expensive errors, attorneys must take care to manage their risk while practicing from home. Avoiding
The Florida Bar’s Covid-19 Information and Resources web page offers resources to assist lawyers in navigating the pandemic’s impact on the practice of law. One of the articles offers best practice suggestions to avoid malpractice claims, which are featured below.
- Emergency extensions for time and statutes of limitations
Every jurisdiction has their own rules for how to proceed with business during a pandemic. Courts are still determining what deadlines will be altered, if emergency orders will be granted, and whether in person requirements have been suspended. Because of the constant changes, it is a best practice to be vigilant with calendar docking, checking court websites, and following regular deadlines as much as possible, only asking for extensions when it truly is an emergency.
2. Providing legal advice about Covid-19
Clients and even nonclients will be asking about how the pandemic affects the future. Lawyers should admit what they do not know and remind clients that there is little precedent in this area. As such, these issues will be worked out in the courts in the future.
3. Expanding outside your practice area
Some lawyers may be tempted to venture into different practice areas to supplement their business. However, it is best not to make permanent decisions based on temporary economic situations. Thus, this notion conflicts with the duty of competence.
4. Inadequate security on the home network
Home networks are likely less secure than firm systems. A few tips to help protect the practice from home include using an encrypted VPN, two-factor authentication, upgrading security software, learning about current scams, and training clients on cybersecurity.
For more details on the cited risks, click here.
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