Do you think your firm’s internal emails discussing a possible mistake are discoverable in a later legal mal case?

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Sometimes. You might be able to characterize it as investigating a potential claim and get it shielded by the work product doctrine. A much bigger problem is if you have internal firm emails discussing the potential claim, but don’t report it on the malpractice application as a potential claim.

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I know for firms that have an in house counsel/ethics atty no. Was it back and forth between counsel on the case only? It’s likely within the scope of representation if the former.

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Yup, e-mails about a mistake between attorneys on file not GC/ethics counsel. Thats my thought too.

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Yes, presume all work and internal communication associated with a client’s file is discoverable in a legal malpractice suit. And yes, don’t conceal a potential claim from the carrier when it comes time to annually renew the firm’s malpractice insurance. If the carrier finds out about that later it can rescind the policy and cost you coverage on any other unrelated malpractice claim down the road. Carriers love doing that, never give them the opportunity.

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