Editor's note: the below is a response to this article from the Insurance Journal.
I agree with this article and the reasons it cites for increased E & O claims against lawyers. Venturing outside core practice areas is always dangerous. Client selectivity -- if we can afford it -- is perhaps the best method of avoiding errors and omissions. Sticking to what you know is a great way to avoid claims, but so is avoiding the clients whom your gut tells you are going to pose problems. Although shameless self-promotion was not the intent of this blog post, I recently authored an article on this topic which can be viewed here.
I've spoken with several lawyers recently with regard to fee collection matters prompting malpractice counterclaims, as it is a topic explored on lawyers professional liability insurance applications. Lawyers feel discouraged from pursuing fees-- to which they are entitled-- for fear of an E & O claim. It is unfortunate.
A big reason for E & O claims that I would add and wasn't addressed in the article is the general commoditization of lawyers. Many lawyers have a hard time feeling like professionals anymore, when so much focus is on the business side and they're often viewed by society, clients and even insurance companies as necessary parts (evils?) of doing business. In my opinion -- shared by others with whom I've discussed this -- this fosters E & O claims against lawyers, and has even eroded the sense of profession amongst members of the bar who maybe now feel more comfortable suing their brethren than attorneys of past generations.