You’ve just been through some very intense contract negotiations for a new client and now that things are wrapping up, this client thought the time was right to let you know that once your work is complete, you are to turn over everything in your file. In short, you’ve just been informed you are not to retain anything relating to this matter. As a risk guy, I now have serious concerns. If you comply, how in the world could you defend yourself in a subsequent malpractice claim? Remember, the client will have complete control of the file. Admittedly, this kind of situation doesn’t happen often; but it does happen. So, let’s talk about your options if you ever find yourself in a similar pickle.

As I often like to do, let me share two brief stories. The first involves a criminal defense lawyer. This lawyer represented a client who staunchly refused to allow the lawyer to call his girlfriend to testify at trial. There may have been other witness who the lawyer could have called as well; however, the client simply refused to ever discuss the matter. Here’s the problem, this client has somehow always managed to find his way out of trouble; but this time was going to be different and the lawyer knew it. This time the client was likely to spend a serious amount of time behind bars unless she could find a way to convince her client to work with her……

For the past 20 years, I have worked for an insurance company that insures lawyers for their malpractice. Trust me when I say I get it. There are going to be times when an insured doesn’t necessarily agree with every decision the company must make in trying to resolve his or her claim. That’s going to happen. What I don’t get is when an insured makes a decision to prevent us from helping at all.