Bruno Quoted in Law360 Analysis of Legal Malpractice Claims

April 13, 2020 | Professional Liability

Jonathan Bruno spoke to Law360 about a potential surge in professional liability claims that could arise during the economic slump caused by the COVID-19 crisis.

The suits could stem from individual clients who have lost their jobs or corporate clients that are blaming their attorneys.

“They may be disgruntled, not necessarily because of the lawyer’s wrongdoing, but because of the situation,” Jon said. “I do think there are going to be people who will view this as an opportunity to make claims and try to collect some money, unfortunately.”

As for when the wave of legal malpractice suits may occur, the timing will be pushed back by court closures and the restrictions on what the courts have deemed non-essential matters. Given that some law firms have furloughed paralegals or calendar staff that normally keep track of shifting deadlines, “From a risk management point of view, attorneys need to still be cognizant of executive orders from their governors and the different courts where they practice,” he said. “Everyone’s working remotely, and communications might not be as good as they were before the pandemic arose. So, there’s still risk there.”

Regarding what a law firm can do to protect itself, Jon said it’s important attorneys track filing deadlines, and he also recommends attorneys communicate with clients and document that communication. “If clients are not kept in the loop, they’re more likely to sue if they don’t get the result they expected,” he said.

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