specializes in litigation of legal malpractice, employment, civil rights
and other complex matters.
707 Seventeenth Street, Suite 2600
Denver, Colorado 80202
303.592.5900 Phone
303.592.5910 Fax
clayton.wire@starrslaw.com
www.starrslaw.com
tice often results in throwing good money
after bad. Not only has a bad result
occurred, but now the company must en-
gage in further litigation to recoup even a
fraction of what was lost.
The same mistakes seem to repeat
themselves in the majority of legal mal-
practice cases. Below are five common
legal malpractice issues and a descrip-
tion of how these issues should inform
companies' selection of outside counsel
in order to avoid becoming a legal mal-
practice plaintiff.
the area of law at issue.
attorney takes on a case involving issues,
laws and procedures outside of that at-
Companies should only retain outside
counsel with sufficient experience in the
type of matter that has arisen.
As experienced legal malpractice
trial attorney Michael Mihm has pointed
out, attorneys may take on a case outside
of their area of expertise for a multitude
of honorable reasons. However, as Mr.
Mihm also notes, in many cases there are
less than honorable reasons for an attor-
ney to take on a case outside their com-
fort zone, including a desire to increase
their own business, fear of the client
leaving them, arrogance over their vast
legal knowledge, or simple ignorance of
the things they do not know. Companies
can greatly reduce the chance that they
will be forced into suing outside coun-
sel if they only hire attorneys that have
expertise in the particular type of legal
matter at issue.
counsel guidelines.
companies should never proceed forward
with representation by outside counsel
without a written fee agreement. More-
over, as an added layer of protection and
consistency, all fee agreements should
incorporate detailed Outside Counsel
Guidelines (OCGs).
First, matter specific written fee
agreements help define the parameters
of the relationship between the company
and outside counsel. By entering into a
new fee agreement with outside counsel
for every matter, even when that par-
ticular attorney or firm has previously
represented or is currently representing
the company, the company can define
the specific responsibilities of outside
counsel and dispel any ambiguities.
Second, by using matter specific
fee agreements and OSGs, a company
can increase its protection in the event
Companies Should Consider in Order to Avoid
Becoming a Legal Malpractice Plaintiff