Managing Your Practice

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Ten Ways to Have a More Constructive Conversation with Your Clients

In the context of a conversation between an attorney and a client, effective communication occurs when both the attorney and the client feel they have been heard.  For example, at the outset of representation, a client is often looking for confirmation that their lawyer understands what the problem and desired outcome is.  Similarly, a lawyer [...]

Why Lawyer Mediators and Criminal Defense Attorneys Should Consider Purchasing Malpractice Insurance

More than a few lawyers who exclusively practice in the mediation or criminal defense space believe that purchasing malpractice insurance is a waste of money.  The justifications lawyer mediators typically rely on are that they have quasi-judicial immunity as a defense and/or in most situations, the allegations of malpractice are baseless.  The justification criminal defense [...]

Working on Healthy Attorney Client Relationships

As I sit at home working in relative isolation wondering when the second COVID-19 wave will crest (or is it part two of the first wave?), I have some additional time to ponder some of the whys of the claims currently on report.  You have no doubt read many articles — some here I hope [...]

How to Avoid Problems with Third Party Payors

A lawyer called me wanting to discuss third-party payors because his representation of his client had just ended, and he didn’t know what to do with the excess funds that remained in trust.  In light of that call, I thought it worthwhile to cover the basics because if one lawyer has taken the time to [...]

9 Ways to Protect Your Firm and Clients from Current Cybersecurity Threats

The COVID-19 pandemic forced most law firms to conduct business in ways they had not done before.  Many firms were forced to transition to work from home on short notice and were required to make the transition without ample time to consider best cyber practices.  This situation is not ideal for law firms as lawyers [...]

How To Start Drafting an Electronic Document Retention Policy

I suspect more than a few law firms, particularly in the solo/small firm space, have yet to take the necessary time to draft and write up a well-thought-out Electronic Document Retention and Destruction policy. It really is an easy task to overlook, if for no other reason than the low cost of digital storage space [...]

How to Responsibly Embrace Any and All Digital Tech in the Practice of Law

In many jurisdictions, commentary to Rule of Professional Conduct 1.1 Competency states that lawyers are to keep abreast of the benefits and risks associated with relevant technology.  With that language in mind, do you actually do so?  I ask because in my world I often find that lawyers are pretty good at evaluating the benefits [...]

6 Law Firm Cybersecurity Rules for Working From Home

During the nation-wide stay at home directive to combat the spread of Covid-19, we’ve all missed some of the luxuries we are used to. One such luxury is the safe and secure offices we work in. At our offices, we have systems in place in order to ensure that all our client information stays safe [...]

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