Business Transaction Claims Cost More Than Other Areas in Lawyers Professional Liability

A new industry study reports that a business transactions practice presents greater professional liability risk for attorneys than many other areas of practice.

CNA’s Lawyers Professional Liability (LPL) Program risk control unit recently released a study, “Investigating the Hidden Risks of Business Transactions Practice,” that takes a look at lawyers and the practice of business transactions, an area that often involves drafting and negotiating agreements and contracts.

Many solo practitioners and small law firms perceive business transactions as a “safe” area of practice. However, the study indicates that lawyers who report that business transactions represent only 5 percent or less of their annual revenues account for the majority of claims in this area. The study also reveals a significant correlation between an attorney’s level of experience in this practice area in relation to the frequency and related severity of such claims.

The study was based on an analysis of approximately 1,000 closed claims originating from business transactions from CNA’s LPL Program.

Additional findings include:

• The leading cause of business transactions claims — the improper preparation, filing and/or transmittal of documents — accounts for more than one-third of claim volume. Failure to provide appropriate legal advice represents about one-fourth of those claims.
• The cost to defend a business transaction claim is more than twice the cost of claims from other areas of practice.
• Attorneys who dedicate more than 25 percent of their practice to business transactions are less likely to have a claim asserted against them. Yet those claim losses are, on average, more expensive than those brought against attorneys who only dedicate 5 percent or less of their practice to this area of law.