Oregon Legal Malpractice Claims: Statistics From the Insurer.
Oregon attorneys must have malpractice insurance through the (PLF). PLF statistics provide an interesting look into claims made against Oregon attorneys.
What are people suing lawyers about? Between 2000 and 2009, clients made claims against Personal Injury lawyers most often, accounting for 17% of claims. A close second was Divorce & Family Law attorneys at 16%. The remainder follow:
- Bankruptcy Attorneys: 12%
- Real Estate Attorneys: 11%
- Business & Commercial Law: 10%
- Estate Planning and Estate Tax 10%
- Criminal lawyers: 7%
- Others: 5%
Numbers of claims go up and down over the years ranging from a low of 780 in 2006 to 973 in 2009. Only about 4% of all claims go to trial. 39% of the claims are denied or abandoned. 19% of the time, the PLF hires lawyers to fix the problems created by the negligent attorney. 26% settle before litigation and 12% settle or are dismissed during litigation. Of those 4% that actually go to judgment, the PLF wins 3 out of 4 times. That's good; an insurance company should settle when the attorney malpracticed and defend a lawyer who did no wrong.
People rely on lawyers for help, and when attorneys commit legal malpractice, the clients should not hesitate to contact another lawyer for to determine whether it makes sense to file a claim with the Oregon's Professional Liability Fund.
Jeff Merrick, Oregon Trial Attorney
503-665-4234