There is significant risk today that lawyers will become the target of a disciplinary or legal malpractice action, especially given the complexity of the law and advances in technology that reduce the amount of time that lawyers have to reflect about client matters. This risk is heightened by the increased competition in the bar to deliver legal services in a cost-effective manner, the sophistication of clients who expect competent, efficient and reasonably priced services, and the litigious nature of consumers. The risk is further exacerbated by the ever-changing methods and rules for electronic communication and the storage of information. The magnitude of the risk is underscored by the prediction that law school graduates “will be the subject of three or more claims of legal malpractice before finishing a career.”
This article examines some good practice standards that minimize the risk that a lawyer will become the target of a legal malpractice or disciplinary action. These standards should also reduce the risk of a lawyer becoming the object of a disqualification or Rule 11 motion. This article discusses these standards in the entertainment law context but they also apply to a variety of practice areas.
Counseling Clients in the Entertainment Industry
Jake P. Sahl, A 2010 Update: What Every Entertainment Lawyer Needs to Know - How to Avoid Being the Target of a Legal Malpractice Claim or Disciplinary Action, in Counseling Clients in the Entertainment Industry, 731-771 (Practising Law Institute 2010).