“Loss Frames” Discussion

In an article titled “How Lawyers Can Minimize Professional Mistakes During a Scandal Like That at Penn State” of August 10, 2012, John Dean discusses what he refers to as a “loss frame.”

Here is an excerpt:

Richard Painter has done some remarkable work in analyzing what he calls “the psychology of cover-ups.” Drawing on the work of Nobel Prize laureates Daniel Kahneman and Amos Tversky, and their now classic 1979 essay “Prospect Theory: An Analysis of Decision Under Risk,” Richard notes how persons who find themselves in “loss frames” (or losing situations) are inclined to take greater risks to avoid even more loss, even when the risks are irrational, than others. In addition, the loss frame creates a “cognitive bias toward concealment.”  Richard thought that this might have happened to Nixon and others with Watergate.  I can confirm without any doubt that he was correct: That was the case for us all.

When one looks at situations like that of Penn State (or Enron and countless other related situations) it is obvious that bad, if not irrational decision-making, is almost the norm in the loss frame.  But these insights, as Richard Painter has written, not only explain how lawyers (and others) make serious mistakes in these situations, but also provide a means to prevent this from occurring.

The article continues by discussing how to deal with such “loss-frame” situations, and uses the Penn State situation as a “classic loss-frame situation.”

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Elman Law Group, LLC is an Illinois personal injury law firm that handles personal injury legal malpracticecases.

Elman Law Group is known for its court trial capabilities. This is important for your lawsuit because if we are unable to attain an appropriate settlement, we have a proven track record of achieving attractive court verdicts.

In fact, because of this litigation capability, many prominent law firms choose to have Elman Law Group litigate cases. 

To speak directly with a trial lawyer from the Elman Law Group, call Tony Elman at (773) 392-8182 at any time.  This legal consultation is free and confidential.

Forms Of Legal Malpractice

Justia.com has a page regarding Legal Malpractice, in which various facets of the topic are discussed.

Part of the page discusses types of legal malpractice, in which it lists a variety of types of situations that may represent legal malpractice.

Here is an excerpt:

Legal malpractice may take a number of different forms, ranging from minor instances of negligence to intentionally fraudulent conduct. Common types of legal malpractice include:

  • Failure to meet court deadlines.
  • Failure to act within the statute of limitations.
  • Failure to return phone calls or communicate with a client.
  • Failure to resolve conflicts of interest.
  • Failure to know the law or perform adequate research.
  • Abuse or misuse of a client’s trust account, including commingling trust account funds with the attorney’s personal account.
  • Improper withdrawal from representation.

Various types of legal malpractice, and links to discussions of each, are also found listed on the main page of this website.

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Elman Law Group, LLC is an Illinois personal injury law firm that handles personal injury legal malpracticecases.

Elman Law Group is known for its court trial capabilities. This is important for your lawsuit because if we are unable to attain an appropriate settlement, we have a proven track record of achieving attractive court verdicts.

In fact, because of this litigation capability, many prominent law firms choose to have Elman Law Group litigate cases. 

To speak directly with a trial lawyer from the Elman Law Group, call Tony Elman at (773) 392-8182 at any time.  This legal consultation is free and confidential.

Legal Malpractice – Summary

Justia.com has a page regarding Legal Malpractice, in which various facets are discussed.  Here is an overview of legal malpractice as seen on the page:

Legal malpractice occurs when an attorney intentionally or negligently mishandles a case and causes injury to a client. Statistics indicate that lawyer malpractice is a significant problem in the United States and that the number of legal malpractice claims brought each year is increasing faster than the growth of the legal industry.

As well, the page also discusses remedies for instances of legal malpractice, in which it states in part:

A victim of legal malpractice may seek recovery in several different ways. The most common remedy for legal malpractice is to file a civil lawsuit against the attorney.

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Elman Law Group, LLC is an Illinois personal injury law firm that handles personal injury legal malpracticecases.

Elman Law Group is known for its court trial capabilities. This is important for your lawsuit because if we are unable to attain an appropriate settlement, we have a proven track record of achieving attractive court verdicts.

In fact, because of this litigation capability, many prominent law firms choose to have Elman Law Group litigate cases. 

To speak directly with a trial lawyer from the Elman Law Group, call Tony Elman at (773) 392-8182 at any time.  This legal consultation is free and confidential.