When Lawyers Screw Up: Improving Access to Justice for Legal Malpractice Victims

When Lawyers Screw Up: Improving Access to Justice for Legal Malpractice Victims

by Herbert Kritzer, Neil Vidmar
When Lawyers Screw Up: Improving Access to Justice for Legal Malpractice Victims

When Lawyers Screw Up: Improving Access to Justice for Legal Malpractice Victims

by Herbert Kritzer, Neil Vidmar

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Overview

Unhappy clients bring thousands of legal malpractice claims every year, against mega law firms and solo practitioners, for simple errors or egregious misconduct, and for losses than can reach $100 million or more. This in an industry, legal services, generating nearly $300 billion a year in revenue and touching every facet of American society. Yet, scant if any scholarly attention has been paid to the questions and consequences of lawyers’ professional liability. This book is the first to fully explore the mistakes lawyers sometimes make, the nature of these mistakes, the harm they do, and the significant disparities in outcomes for corporate and individual victims of lawyers’ errors.

A systematic, empirical study of legal malpractice, When Lawyers Screw Up employs both quantitative and qualitative methods to examine the frequency and nature of claims, the area of practice producing them, the amounts at stake, and the resolutions. The authors also use a range of data sources to study the frequency and outcomes of legal malpractice trials, whether bench or jury. Their comparison of legal malpractice cases involving the corporate and personal service sectors reveal the difficulties confronting claims coming from the personal sector—difficulties that often deny victims redress, even when they have suffered significant harm.

When Lawyers Screw Up draws on a series of interviews to describe the practices of lawyers with expertise in handling legal malpractice claims, even as it notes how few such experts are available to prosecute these claims. In light of their findings, the authors suggest a range of reforms that would help victims of legal malpractice, particularly individuals and small businesses, in pursuing their claims.

Product Details

ISBN-13: 9780700625864
Publisher: University Press of Kansas
Publication date: 03/15/2018
Sold by: Barnes & Noble
Format: eBook
Pages: 248
Sales rank: 385,707
File size: 5 MB

About the Author

Herbert M. Kritzer is professor of law and Marvin J. Sonosky Chair of Law and Public Policy at the University of Minnesota School of Law. Neil Vidmar is professor emeritus at Duke University School of Law.

Table of Contents

List of Tables

List of Figures

Preface and Acknowledgments

1. Introduction

2. Illustrative Cases of Lawyers’ Professional Liability

3. Preliminary Issues:Insurance, Bases of Claims, Important Legal Issues, and Differences between Medical Professional Liability and Lawyers’ Professional Liability

4. Claims: Rates, Sources, and Issues

5. Resolving Claims: Lawsuits, Claimant Success, and Payments

6. Legal Malpractice Trials

7. Processing Lawyers’ Professional Liability Claims

8. Improving Access to Justice for Those Harmed by the Actions of Their Lawyers

Notes

Index

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