Legal Malpractice Insurance Claims Attorneys in Chandler, Arizona

As an attorney, you know how damaging professional malpractice litigation can be. Your reputation and future earnings are at stake, so you purchase a legal malpractice insurance policy to provide you with peace of mind and a financial safety net. A great investment for an attorney or law firm, right? Yes, but not when filing a legal malpractice insurance claim results in a denial of coverage.  

When you invest in a legal malpractice insurance policy, you expect it to take care of the financial burden in the event of a malpractice claim or litigation. At Arnett & Arnett, PC, we know how much you rely on this coverage, which is why we are here to provide you with the support and guidance you need to ensure your claim is handled fairly.  

Our team of two brothers—Wayne and Mark—boasts over 30 years of experience. We help attorneys and law firms of all sizes obtain the coverage they need when someone sues them or threatens to sue them for legal malpractice.  

What Is Legal Malpractice?

Legal malpractice occurs when an attorney fails to competently perform their legal duties, leading to harm or loss for a client. This type of negligence can arise from various situations, such as neglecting essential deadlines, providing incorrect legal advice, or mishandling client funds.

The key element in legal malpractice is demonstrating that the attorney breached their duty of care to the client, which resulted in a negative outcome. 

What Is Legal Malpractice Insurance?

Legal malpractice insurance is a specialized form of professional liability coverage designed to protect attorneys and law firms from claims of negligence or misconduct in the practice of law.

This insurance provides financial protection by covering legal defense costs and any settlements or judgments that may arise from malpractice claims. Policies are tailored to address the unique risks associated with legal practice, ensuring that attorneys have a safety net in the event of an error. 

How Does Legal Malpractice Insurance Work?

This type of coverage works by providing coverage for claims alleging negligence or misconduct in the delivery of legal services. Upon purchasing a policy, attorneys pay a regular premium to the insurance provider. In the event of a claim, the insurer will typically appoint a legal defense to represent the attorney and cover associated costs, such as settlements or court judgments, up to the limits of the policy.

Most legal malpractice policies operate on a "claims-made" basis, meaning coverage applies to claims made and reported during the policy period, regardless of when the alleged incident occurred. 

What Legal Malpractice Insurance Does and Doesn’t Cover

Legal malpractice insurance covers a range of issues related to professional negligence and misconduct: 

• Professional negligence: Mistakes or omissions in legal work that lead to client loss or damage. 

• Missed deadlines: Failing to file critical documents within required timelines can result in lost cases or opportunities. 

• Conflict of interest: Representing clients with opposing interests without proper disclosure or consent can lead to compromised legal advice. 

• Breach of duty: Failure to fulfill the duties owed to a client, such as neglecting a critical aspect of a case. 

• Inadequate legal advice: Providing incorrect or incomplete information that affects the client's decision-making process is also a form of legal malpractice.  

• Mismanagement of funds: Mishandling or misappropriating client trust funds can result in severe legal and financial repercussions. 

• Errors in legal documents: Mistakes in contracts or agreements that adversely affect the client’s legal standing. 

• Tail coverage: This coverage extends protection beyond the policy period, covering claims made after the policy has expired. 

Legal malpractice insurance typically excludes coverage for: 

• Criminal conduct: Illegal activities or criminal acts committed by the attorney. 

• Malicious and fraudulent acts: Intentional harm or deception towards a client or other individuals. 

• Non-legal capacities: Actions taken outside the scope of legal practice, such as business decisions. 

• Claims against other attorneys: Situations where an attorney from one law firm sues another attorney from the same firm.  

• Bodily injury or property damage claims: Physical harm or property damage resulting from legal practice. 

• Inappropriate behavior: Actions that fall under the classifications of discrimination or sexual harassment

Often, the policyholder and their insurance provider may have disputes over the extent of coverage that legal malpractice insurance offers. If you have filed a legal malpractice claim and have a hard time finding a middle ground with the insurer on the extent or amount of coverage, our Chandler legal malpractice insurance claims attorneys at Arnett & Arnett, PC, could be able to help you.  

How to Report a Potential Legal Malpractice Claim?

One of the requirements in most legal malpractice insurance policies is that policyholders must report all claims—both meritorious and groundless claims. Reporting a potential legal malpractice claim involves several steps: 

• Notify your insurance provider: Contact your malpractice insurance company as soon as you become aware of a potential claim. Timely reporting is mandatory to ensure coverage. 

• Gather documentation: Collect relevant documents, such as client correspondence, case files, and any communication related to the alleged malpractice. 

• Cooperate with your insurer: Provide all necessary information and cooperate fully with your insurer's investigation.  

• Engage legal counsel: Consider hiring an attorney to represent you and protect your interests during the legal malpractice insurance claims process.  

• Follow policy guidelines: Adhere to the terms and conditions of your malpractice insurance policy throughout the claims process. 

If you need guidance regarding filing a claim to get coverage through your legal malpractice insurance policy, our attorneys at Arnett & Arnett, PC, can provide you with the guidance you need to get the most out of your coverage.  

What If There’s a Dispute with the Insurance Company?

If a dispute arises with your insurance company regarding a malpractice claim, do the following: 

• Review your policy: Carefully read your insurance policy to understand your rights and the insurer’s obligations. 

• Communicate clearly: Maintain open and clear communication with your insurer to prevent any misunderstandings or discrepancies. 

• Seek legal advice: While you are an attorney yourself, you cannot know everything. That’s why it's a good idea to consult with an attorney experienced in insurance disputes to evaluate your options and develop a strategy. 

• File a complaint: If necessary, file a complaint with your state’s insurance department or regulatory authority to seek intervention. 

At Arnett & Arnett, PC, we understand how frustrating it is to have disputes with your insurance company and not be able to obtain the coverage to which you are entitled. That’s why our team helps attorneys and law firms resolve their disputes with insurance companies and appeal denied claims.