William Gwire, a San Francisco Attorney writes in Law.Com about some of his legal malpractice cases in this article.

"The landscape for litigating attorneys has changed dramatically over the 33 years that I’ve been in practice. Cases are more complex, stakes are higher, and competition is more intense. Judges and opposing counsel are less accommodating and the rules and procedures that line the litigation process like a gauntlet are more complicated than ever. Clients, big and small, are also more demanding and more willing to seek redress for mistakes they perceive their attorneys have made.

But the nature of malpractice claims has also changed, with differences that often depend on the size of the firm. Interestingly, big firms and small firms, including solo practitioners, make different kinds of mistakes. While there are many types of errors that can lead to malpractice claims, this article focuses on just a few that I’ve seen emerging.

LARGE-FIRM MISTAKES

Complex and high-stakes litigation has placed a premium on experienced litigators, resulting in increased demand for large-firm partners with marquee names. Nothing draws in business and clients with litigation matters like a reputation for success in the courtroom. But because partners with star-power litigation credentials are in such demand, they run the risk of taking on too much work and stretching themselves too thin when it comes to handling their caseloads.

SMALL-FIRM MISTAKES

While small law firms make mistakes that usually don’t add up to dollar damages as big as the ones made by larger firms, the resulting damage to both the client and the small firm or solo practitioner can be much more devastating. That is because the firm’s client — whether an individual or a small business — may be financially unable to withstand a bad result, and the damages arising out of the malpractice may exceed the firm’s insurance coverage (assuming there is any), exposing the individual partner or partners to personal liability.

While mistakes in small firms can occur in a lot of ways, there is one in particular that appears to be more prevalent today. Surprisingly, it is not the classic missed-statute type of malpractice, although that certainly still happens. The advent of sophisticated and inexpensive computerized calendaring programs seems to have eliminated many of those types of errors.

Rather, I’ve noticed that small firms and solo practitioners are often taking on work that they don’t know how to handle. Unlike the situation at large firms, where experienced lawyers run the risk of stretching themselves too thin, the problem with small offices is lack of experience in a particular field. The law has become so complex and fields of practice so specialized that a solo practitioner or small firm simply can’t do it all or even some of it. I am both amused and shocked when I see Web sites by solo practitioners or small firms that announce their specialties in family law, personal injury, probate, criminal law, intellectual property, real estate, construction litigation, securities, immigration and medical malpractice. You think I’m kidding? Spend an hour surfing the Internet for lawyers and you’ll understand what I’m talking about. "