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Why A Lawyer Should Never Try to Shoot from the Hip

As a kid, I always thought any Hollywood cowboy who could shoot from the hip and kill the villain was one tough hombre that no one in their right mind would ever want to mess with.  I viewed those cowboys as heroes and would often pretend I was one of them when playing in the [...]

Law and Gardening

“We must cultivate our garden.” —Voltaire, Candide I wasn’t much of a Voltaire fan when I was assigned Candide in a European History course in college, which seems like 100 years ago.  Truth be told, I find it about as impenetrable today as I did back then.  As an avid vegetable gardener, however, I find [...]

A Risk Management Tip for Attorneys Who Act as Title Agents

Sometimes the teacher becomes the student, which is exactly what happened to me during a post CLE conversation between a panel member and an attendee that I was fortunate enough to be privy to.  In short, the conversation centered around the issue of title insurers bringing claims against their attorney title agents for title search [...]

Why You Don’t Get It Both Ways with Of Counsel Relationships

Sometimes a call comes in that I feel compelled to write about and this is one of those times.  The question seemed simple enough.  Basically, the callers wanted to know if the fact that a solo attorney was going to be added to their firm website as Of Counsel solely for marketing purposes would have [...]

PROCEED WITH CAUTION: Lawyer Referral Services

Smart and ethical legal marketing is an important component of legal practice.  Legal marketing encompasses a wide variety of methods and media, with internet marketing playing an outsize role. Increasingly, attorneys rely on third-party internet marketing companies that offer a variety of methods to increase exposure and generate leads, ranging from basic services to drive [...]

The Ultimate “Should I Report This” Malpractice Insurance Checklist

Here at ALPS, all of us who work in claims and risk management periodically take calls from lawyers unsure if they need to report a claim. While we view reaching out for assistance in working through this important decision as a good thing, we also recognize that some lawyers will choose not to if for [...]

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 [...]

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