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Risk, Regulation & Resilience: The Connection Between Legal Malpractice, Competence and Attorney Well-Being

Level: Advanced
Runtime: 92 minutes
Recorded Date: September 19, 2019
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  • Lawyer Mental Health
  • Anxiety and Stress
  • Suicidal Thoughts and Self-Harm
  • Help Seeking Behaviors
  • Legal Malpractice
  • Rules Implication - Legal Malpractice
  • Most Common Disciplinary Violations
  • Lessons Learned
  • Hypotheticals
  • Q & A
Runtime: 1 hour 32 minutes
Recorded: September 19, 2019


According to the ABA Standing Committee on Lawyers' Professional Liability study on national legal malpractice claims data, of the 26 practice areas reviewed, intellectual property had the 9th highest number of claims, and those numbers have been steadily rising over time. For IP lawyers who also practice business law, the risk of liability is even greater.

This panel will examine some of the reasons why these numbers are on the upswing and what can be done to reverse the trend. We will discuss where the legal profession currently stands in relation to the historically substantial challenges presented by mental health and substance use disorders and examine the nexus between ethical competence/neglect (??11.101, 103 and 104) and attorney well-being. In addition, the speakers will present best practices/effective risk management approaches, preventative measures, and proposed policy initiatives, including Proactive Management Based Regulation, that solo practitioners and law firms may implement to protect clients as well as save careers.

This program was recorded on September 19th, 2019.

Provided By

American Bar Association

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