Claims Archives - OAMIC: Legal Malpractice Insurance

Claims and Errors Trends: What You Should Know

Below is information compiled from OAMIC’s claim data from 2009-2019 regarding common errors and claims. This information was originally prepared as part of the materials for the recent continuing education program Tales From the Trenches, but we've made it available here because everyone in Oklahoma’s legal community can benefit from knowing about claims in our state. FREQUENCY BY AREA OF PRACTICE Similar to national trends, claims from 2009-2019 were highest in plaintiff personal injury/property damage work. This, combined with collections and...

Statute of Limitations and the Oklahoma Governmental Tort Claims Act

Every year, it seems we have at least one claim that is the failure to provide timely notice under the Oklahoma Governmental Tort Claims Act, 51 O.S. §151 et seq. Usually, we see this problem in the context of a claim against a medical provider, such as an ambulance service or even a hospital. By the time plaintiff’s counsel finds out the defendant is considered a political subdivision under the Oklahoma Governmental Tort Claims Act, the statute of limitations...

Claims: Not If but When

The thought of a legal malpractice claim is stressful and unnerving. The truth is, however, lawyers should expect two to three claims in their careers, according to the American Bar Association. It’s not usually a matter of “if” it will happen – but “when.” Even if the claim doesn’t have any merit whatsoever, it still requires attention. The sooner we know about a claim, potential claim or incident, the better off you are. Reporting early allows us to immediately begin our claims process, and often enables us to...

CLAIMS WAR STORIES: Wire Transfer Scams

OAMIC’s Claims War Stories series shares tales from the trenches about real life scenarios we encounter as we defend Oklahoma attorneys in legal malpractice suits. Lately, we’ve had a series of insureds who have called us because they have fallen victim to a wire transfer scam. Read below to learn about the most common scenario we see, what you should look for to prevent becoming a victim, and coverage information. SCENARIO Attorneys are an easy target for wire transfer scams because they...

The 4 Most Common Types of Legal Malpractice Errors

Lawyers make unintentional errors every day – in hard and easy cases, in trials and transactions, in large and small firms, and across many areas of practice. Deadlines, long hours, demands from clients and more contribute to this, and even the most meticulous lawyer is bound to make a mistake at least once in his or her legal career. These law firm errors are not all equal, and can span across different parts of the business, from operational errors...

PHIL’S CORNER: When to Report a Claim

Phil's Corner is a special column from OAMIC's President & CEO Phil Fraim that is sent in our e-newsletter each month. Has it ever crossed your mind whether you should report a matter that could potentially be the basis of a claim? You may question the timing and whether there is even a need to report it to OAMIC, since it is uncertain if anything will actually come out of the issue. If you have ever wondered about when to involve...

3 Areas of Practice with High-Cost Malpractice Suits

Legal malpractice lawsuits are both time consuming and costly for all law firms, but the average costs of malpractice suits can and often do vary based upon the area of law. While some areas of practice experience a high frequency of malpractice lawsuits, others have experienced much higher severity in terms of costs for defense and settlement. The average cost of defense and settlement for a legal malpractice lawsuit in Oklahoma is approximately $70,000. However, in some areas of practice...