What Trees Can Teach Us About Reducing Legal Malpractice Risk

I’m lucky to spend some of my free time running in Montana’s mountains and woods. Over the years I’ve occasionally returned from a run with a little life lesson – something nature has taught me – stuck in my head. It seems funny to say, but I’ve learned quite a bit from trees. And while I’m typically not thinking about the law or LPL (Lawyers’ Professional Liability) insurance while running in the woods (that is, after all, part of why I run), there are some lessons I’ve learned from trees that can be adapted to reducing legal malpractice risk:

Root Yourself

Just as trees are rooted in – and thus figuratively “know” – the soil in which they grow, attorneys should know the law in their areas of practice. At ALPS, it’s not uncommon to see claims in which it is alleged (and it’s sometimes true!) that an attorney simply did not know the area of law in which they were practicing. While your LPL insurance may cover such a claim, it’s far better not to face such a claim in the first place. The law is generally unkind to those who blunder ignorantly into the unknown and end up over their head. Root yourself in the law you need to know before you agree to take on a client matter which requires that legal knowledge; you’ll have happier clients, secure better results, and reduce your malpractice risk.

In addition to knowing the law, attorneys should be versed in the rules, practice preferences, and parlance of the jurisdictions and courts in which they practice. Just as a giant sequoia couldn’t thrive if planted in a joshua tree’s desert environment, attorneys can’t thrive – and indeed, would likely be inviting professional negligence claims – if they aren’t familiar with the locale in which they practice. For example, what attorneys in many jurisdictions know as a “motion to dismiss” is essentially the same thing as a “demurrer” in Virginia. (And if you practice outside of Virginia, you’re probably unlikely to ever file a “Motion to Crave Oyer”). No attorney wants to find themselves “lost in the woods.” Being rooted in the particulars of the jurisdictions and courts where you practice helps your clients and reduces your risk of claims.

Perhaps you don’t need to know your colleagues to be properly rooted, but it seems to help. Getting to know something about a colleague on a personal level is occasionally enough to improve the tenor of what is often an otherwise adversarial relationship. Less adversity facilitates better outcomes and may decrease risk.

To be firmly rooted in your practice – especially if it’s a solo or smaller private practice like many ALPS’ policyholders operate – you must know your clients. They are, after all, at the heart of most private practice law firms. Know your client’s story and the reason they’re seeking your help. Know their preferences for things like communicating with them. Knowing your clients promotes their trust, and that trust, in turn, may reduce your risk.

Grow

Similar to how trees grow, branch out, and produce leaves or needles, attorneys must also grow by learning about legal developments, staying up-to-date on legislative changes, and understanding evolving “best practices” in their areas of practice. Attorneys who don’t “grow” in these ways are at increased risk for claims, and may also find themselves facing licensure issues if they do not satisfy their CLE (continuing legal education) requirements.

Some trees even flower. Similarly, with the right cultivation, attorneys too can “blossom” into respected practitioners and trusted advisors.

Be Prepared for Any Weather

Trees bask in the sun. When attorneys get a great result or close a big deal, they should bask in that success for a bit, too. But trees must also survive scorching heat, fire, hail, freezing cold, blizzards, tornados, and every other conceivable type of weather. Attorneys, too, must be prepared to weather every adversity they encounter, be it unfavorable law, “bad” facts, an overly-demanding client, or unreasonable opposing counsel. Every attorney should be equipped with sufficient coverage and limits of liability to help them weather covered claims that may be made against them.

Rest Sometimes Too

Trees in colder climes slow down in the fall, shed their leaves, and are relatively dormant over the winter. Even the greenest of trees periodically needs a “reset” (some needled conifers, like the magnificent western larch here in Montana, appear to be “evergreen” for much of the year, but turn bright gold then shed their needles in the fall and winter). Practicing law can be incredibly stressful and consumes a lot of energy. So take a rest sometimes and reboot. If it suits you, consider getting out into the woods for an easy run. Or even just go to the woods and be still. Maybe you’ll return to your practice feeling better and perhaps lightened by a lesson from nature.