Risky Business

Plaintiff personal injury cases carry the most severity.

WILMIC frequency statistics from 2012 to 2022 show:

  • While BI/PI claims account for roughly 13% of frequency for all claims made against lawyers insured by WILMIC, 23% of defense and indemnity dollars spent by WILMIC, for those 10 years, resulted from personal injury representation.
  • Bankruptcy/Collections 15%, Estate, Probate, Trust 14%, Real
    Estate 11% and Family Law 10%.

Ethical consideration: SCR 20:1.1 – Competence – “A lawyer shall provide
competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.”

Comment [2] – “[2] A lawyer need not necessarily have special training or prior experience to handle legal problems of a type with which the lawyer is
unfamiliar… A lawyer can provide adequate representation in a wholly novel
field through necessary study. Competent representation can also be provided
through the association of a lawyer of established competence in the field in
question.”