When a malpractice action is initiated against a professional, whether a physician, an attorney, or a design professional, the impact can be profound.
On a reputational basis, the action, particularly in a “high profile, high exposure” litigation matter, will publicly call into question, often unfairly, the professional’s competence, potentially damaging his or her reputation with present and future clients, colleagues, and the public at large. The damages of a professional malpractice action, even one void of merit, can go far beyond the financial exposure of a single action, particularly in the digital era.
On a personal level, the impact can be even more devastating. A true professional’s reputation is to be cherished as the foundation of one’s professional life. Even more deeply, a professional’s sense of self is often inextricably intertwined with one’s standing in the profession. Any attorney who has served as defense counsel in a professional liability action can attest: A professional liability action can cut a professional to the core.
Consequently, it is a threshold obligation of defense counsel in any professional malpractice action to guide the professional as to viable alternative dispute resolution options available to resolve a pre-litigation claim or litigation action.