![]() Adult ostriches are known to be subject occasionally to predation by lions ( Panthera leo). In particular, its ability to detect visually an approaching predator must be minute. ![]() When they do so, the head is invisible to the observer, and correspondingly, the ostrich’s ability to observe anything in its environment must be exceedingly small. ![]() However, they may bury the head deep in the grass and other low vegetation on which they are feeding. Ostriches do not bury their heads in the sand. It really is lawyers helping lawyers.To illustrate which animals display vigilance behavior, I think it is suitable to cite the introduction in Bertram’s 1980 article on ostrich ( Struthio camelus) vigilance. So know that we want you to tell us about your mistakes as early as possible. And when it’s not, we deal with the claim and zealously advocate on their behalf. Often, they learn either that they had not made a mistake or that their error can be cured. They expected to be judged but were instead treated with respect and encouragement. Many have lost sleep worrying about the call. Our insureds routinely tell us how much better they feel after they call us to report a mistake. When outside assistance is needed, we have an experienced and talented defense panel that can take over. Often times, our in-house claims attorneys can handle the repair. We have repaired drafting errors by real estate attorneys, saved litigation attorneys from discovery errors, cured statute of limitations issues and fixed estate distribution errors, to name a few. Lawyers are often surprised to learn that Lawyers Mutual has an extensive claims repair program that is set up to deal with mistakes in virtually every practice area. If you delay reporting a mistake, you might also jeopardize the opportunity to repair the problem. You may lose coverage for not reporting a claim or potential claim on your re-issue application or for failing to report a matter in a timely manner during your policy period. The consequences for failing to report in a timely manner can be serious. Your duty to report a claim or potential claim exists, regardless of whether there would be any merit to a claim against you. The duty to report is not dependent on whether any such claim would be meritorious. Because your Lawyers Mutual coverage is claims-made, coverage is available only for those claims and potential claims reported during the policy period. This means that you have a duty to report both actual claims and potential claims. Your Lawyers Mutual policy requires you to report any act or omission which could reasonably be expected to be the basis of a claim or suit. Delays in reporting an error to your malpractice carrier can make the problem worse and jeopardize your coverage. However, all the worrying and catastrophizing in the world will not do anything to address or help with the problem. As lawyers, we are trained to think through worst case scenarios. Will the client fire you? Will you lose your malpractice coverage? Will you be disbarred? All these thoughts may run through your head. Disclosing that mistake to your client and your malpractice carrier can seem like an even more traumatic experience. This is certainly true when it comes to reporting errors in your law practice.ĭiscovering an error that you have made while representing a client can be a jarring experience. Sometimes our guilt or shame over a mistake we have made causes us to ignore a problem rather than confront it head on. We have all buried our heads in the sand at one time or another in our life. While we now know this to be a myth, the saying lives on. The theory was that ostriches were so simple-minded that they thought that, if they couldn’t see their predators, then their predators couldn’t see them. We have all heard the saying, “Don’t bury your head in the sand.” It was once believed that ostriches buried their heads in the sand to avoid predators.
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