The Top 10 Mistakes
- Poor communication with the client.
Always at the base of a professional malpractice lawsuit.
- Statue of Limitations problems.
- Suing a client over the bill.
Often precipitates a malpractice law suit.
- Notice of Claim problems.
Includes municipal, agency, Court of Claims, private notice requirements, and other condition precedent situations.
- Calendar control problems.
Marking off calendar, non-appearance at conferences, defaults, abandonment of motions.
- Failure to supply necessary documents.
Affidavit of merits, Admissible evidence affidavit for Summary Judgment, Doctor's affidavit for threshold cases, affidavit of a reasonable excuse and a meritorious cause of action.
- Discovery Failures.
Preclusion, dismissal for willful, contumacious behavior, failure to get necessary information for use at trial, failure to serve expert responses.
- Conflicts of Interest.
Matrimonial, commercial situations
- Escrow and fee violations.
Non-refundable fees, holding back escrows, failure to remit
- Settlements and Stipulations without authority.
Attorney's agreement will bind client even if against client's wishes.