Sending "Ding" Letters - How Much Information do You Provide?

John Day over at Day on Torts posted on a decision out of Chicago where a law firm gave wrong advice on the statute of limitations. They told the potential client she had two years, when, in fact, she only had one. She consulted with a second law firm who did not give her a definitive time frame. The Illinois Court of Appeals reversed the summary judgment with respect to the first firm, who will now have to defend themselves on a legal malpractice claim.

So one firm gave a definitive answer and is now going to have to defend its actions. Another firm was vague and they appear to be home free. What is a law firm to do?

I was taught, and I still believe, that you should not give a firm date. I politely tell clients verbally, and in writing, that they should consult with another attorney because a deadline may be approaching. (If you would like a copy of my letter, just send an email to me.) I do not tell them of any specific statutes that may apply or any deadlines. Why?

When a client comes to you for a consultation, how accurate is their information? They may tell you something as benign as "I was rear ended by John Smith." They may leave out the part that Mr. Smith was working for the state of California at the time of the accident. They may do it intentionally, they may do it unintentionally, or they may not have investigated and may not know. The problem is that Mr. Smith, a private citizen, can be sued up to two years after the accident. Mr. Smith, state employee, means that you have to file a claim within six months of the accident and then your lawsuit six months after the claim has been denied.

In this example, if you do not know that Mr. Smith was working for the state, and you give the two year statute, you may end up committing malpractice. Sure, you could have a defense that you did not know all of the facts, but then you still have to pay to put ona  defense. Why not avoid it in the first place by not putting down any specific date?

Make life a little easier. Unless your state requires it, do not give potential clients specific information on any statutes that may effect their case. Instead, let them know that they should seek a further opinion immediately.

-------Jonathan