There is one undeniable truth about the practice of law: If an attorney sues a client for a legal fee, the client will invariably assert a counterclaim for legal malpractice. Accordingly, the easiest way for an attorney to avoid a legal malpractice claim is to avoid fee claims against clients.
Avoiding Fee Suits
The easiest way for an attorney to avoid a fee suit is to eliminate nonpaying clients. When accepting a new client, an attorney should ensure that the client has the resources to pay his bills. He should also be very clear at the outset of the representation what fees will be charged and what expenses will be billed, and the client should be provided with an estimate of the anticipated costs of the representation. Such terms set forth in a clearly written and detailed engagement letter or retainer agreement can help prevent misunderstandings, false expectations, and later conflict between the attorney and client.
