Understanding the advantages and disadvantages of your own conduct and putting systems in place to avoid negative consequences is what Risk Management is all about. Lawyers take on malpractice risk every time they accept or decline a representation or take action on behalf of a client. To avoid risks, you and your team need to be aware that risk exists, and you must be willing to take the appropriate action to minimize or eliminate your exposure to the risk.

Some common areas where lawyers encounter avoidable risks are: creating or avoiding the attorney-client relationship; determining, calendaring and tracking statute of limitations and other deadlines; understanding the distinction between privileged and confidential information and protecting the information accordingly; recognition, avoidance and/or waiver of conflicts of interests; and, appropriately defining and limiting the scope of the representation.