Sample Letter To Client With Potential Malpractice Claim Against Attorney printable pdf download

Sample Letter To Client With Potential Malpractice Claim Against Attorney

Sample Letter to Client with

Potential Malpractice Claim Against Attorney

Dear [

As you know, I have filed a complaint against X on your behalf. Confirming our

recent discussion, it is possible that your claim against X may be barred by the

applicable statute of limitations and that you may have a claim against me for failing to

timely file the complaint. Although it is a factual issue whether your claim arose more

than [

] years before I filed the complaint on your behalf, it is possible that a court

could so rule. The purpose of this letter is not to ask you to waive any claim you may

have against me but to seek your consent to my continuing representation of you in this

case.

The Oregon Rules of Professional Conduct (ORPC) prohibit an attorney from

representing a client when the attorney’s personal interests conflict with those of the

client’s, unless the client consents. Consequently, I can continue to act as your lawyer

in this matter only if you give your informed consent.

It is possible that, because you may have a potential claim against me, my

professional judgment may differ from what an independent lawyer would advise you.

For example, I may be more inclined to recommend settlement in these circumstances.

[Give other examples.] Although I do not believe that to be the case, you must

necessarily decide this for yourself. The ORPC requires me to recommend that you

consult independent counsel to determine whether consent should be given, and I

encourage you to do so. Whether you do is up to you.

ORPC 1.0(g) and 1.7(a)(2),(b)(4) require me to inform you of the conflict, explain the

conflict to you, confirm the explanation in writing, and recommend that you seek

independent counsel. The purpose of this letter is to fulfill those obligations.

If you decide to consent to my continuing representation of you, please sign the

enclosed copy of this letter and return it to me for your file. Thank you.

Very truly yours,

[Attorney]

11-Oct-13 [Rev 1/05] Page 1

PROFESSIONAL LIABILITY FUND (Malpractice Disclosure Letter.doc)

Sample Letter To Client With Potential Malpractice Claim Against Attorney