Legal malpractice claims severity continues troubling trend
While claims severity skyrocketed, claims frequency was relatively flat year-on-year.
During the past two years, 85% of carriers offering lawyers’ professional liability participated in a claim payout that surpassed $100 million, according to a survey of insurance carriers by Ames & Gough, which noted that claims severity in this line is at an all-time high.
Further, the same number paid more than two claims of more than $100 million, according to the survey of 13 leading malpractice carriers that combined to cover more than 80% of the AM Law 250. Around 30% of surveyed carriers paid a claim that exceeded $300 million.
At the same time claims severity was growing, claims frequency saw little change, Ames & Gough found. Since 2021, most surveyed firms have said claims frequency was similar to the year prior. Of the carriers polled, just five saw legal malpractice claims rise this past year, while two carriers saw claims frequency decrease.
The survey also found that trust and estate, business transactions, and corporate and security practices continue to drive the most malpractice claims, Ames & Gough reported. Additionally, insurance defense and personal injury (plaintiff) saw elevated claims activity this past year.
Conflicts of interest are the leading cause of legal malpractice claims, with nine insurers identifying them as the top or second most common error.
“What’s most troubling about conflicts is that nearly all law firms are well aware of their potential risks and now have procedures and practices in place to avoid them,” Eileen Garczynski, senior vice president and partner, Ames & Gough, said in a release.
Garczynski explained that despite procedures and best intentions, numerous lawyers either overlook conflicts as a concern for their practice or disregard their firm’s procedures to prevent them, which can sadly lead to disastrous outcomes for the firm.
Behind claims drawn from conflict of interest allegations, scrivener or clerical errors were found to be another leading driver of legal malpractice claims.
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