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Irwin Law
Irwin Law, Attorney
Category: Business Law
Satisfied Customers: 7404
Experience:  30+ yrs. representing small business, real estate, probate
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I'm a lawyer, but I'm now working as a consutant on

Customer Question

I'm a lawyer, but I'm now working as a consutant on corporate strategy. I do draft documents, send emails, etc., as part of the new governance and strategy work. Every communication includes a footnote saying that the communication in question is not the provision of legal advice, that the document(s) do not contain legal advice, and that the recipient should consult counsel of their choice regarding any legal issues related or unrelated to the document or email being sent.
My question is: could these footnoted communications still be considered as giving legal advice and thus be grounds for a malpractice claim? Though I have explicitly taken on non-legal work, I am wondering if I might need malpractice insurance anyway.
Please advise.
Submitted: 1 year ago.
Category: Business Law
Expert:  Irwin Law replied 1 year ago.

If you Are acting in that capacity, i.e. preparing or drafting documents, the footnotes might not be enough to protect you from malpractice claims. Therefore, you should carry E & O coverage. Especially, if you have sufficient assets that a client may wish to pursue you personally

Expert:  Irwin Law replied 1 year ago.

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