Sometimes attorneys make a mistake. In Oregon and Denver, given my experience with legal counsel, mistakes are common and have often have a measurable impact on my litigation, even early in the process. Because of the frequency of mistakes I file when they become measurable because failing at least to bring this to the attention of counsel runs the risk of a waiver.
I can tell you that the BAR almost universally denies coverage, even when presented with blatant malpractice. Recently, our friend Joel Christiansen filed a new lawsuit, some 10 months ago. We failed to timely file an anti-slapp motion to dismiss the complaint. More importantly we failed to file a motion to strike for lack of subject jurisdiction. Both mistakes were made by an attorney I’ve known for years and likely resulted from the speed with which he had to enter the litigation.
I asked the BAR to pay a part of his fees to repair the damage for the motion to strike miss and they denied the claim. My reason for asking for this coverage was that for a small price I would be shielded from having to replace counsel while accomplishing the dismissal. Made perfect sense. Naturally I asked the attorney to first repair himself and choose to bring it to the BAR. He refused. I can tell you from experience the attorney almost always refuses to repair his own damage. Perhaps this is a policy position by the BAR AKA Professional Liability Fund. Perhaps not.
The PLF’s denial for coverage is appended here plf-refusal-to-cover. Read on.
The PLF Annual Report can be found here. 2015-annual-report.