Why It’s Worthwhile to Look for the Learning with Problem Clients

When it comes to problem clients, we all have a story or two to share; but what if it becomes more than that? What if a lawyer comes to realize that he or she is dealing with a problem client far more than once in a blue moon? It can happen, and if and when [...]

A Malpractice Avoidance Checklist

If you were to collect everything I (and many others like me) have written on risk management for lawyers, I suspect the collection would fill a tome or two; but sometimes less is more.  It is with this sentiment in mind that I offer this brief Malpractice Avoidance Checklist that covers the basics: Always try [...]

To Arbitrate or Not To Arbitrate? That Is the Question

Many states permit lawyers to include in their engagement agreements arbitration provisions which would require potential clients to arbitrate future malpractice claims. It is an issue with which many states are now grappling, so it would behoove lawyers to check the law in their own states if they are considering including such a clause. States [...]

By |2021-07-16T14:01:00-06:00April 28th, 2021|Managing Your Practice, Women in Law|0 Comments

Why There is No Such Thing as a New Normal

I’ve been telecommuting for over a decade now, so when a COVID-19 stay at home order finally made its way to Montana, not much changed for me personally, at least in terms of my work routine.  In fact, it actually got a bit better due to the adjustments ALPS had to quickly implement in order [...]

ALPS In Brief – Episode 55: Estate Planning Gone Wrong

In this episode of the ALPS In Brief podcast, Mark Bassingthwaighte offers some insights in the arena of estate planning that are commonly overlooked. He covers dabbling, client misconceptions, common mishaps, beneficiary challenges, testamentary capacity nuances, and more. Listen in on these tips to keep in the back of your mind. Transcript: Hello and welcome. [...]

Mindfulness Means Not Hitting Someone in the Mouth

I recently read an article that was a Q & A with a wonderful meditation teacher/writer/thinker, Sharon Salzburg (also, a co-founder of the Insight Meditation Society), in which she referred to an old New York Times piece about a mindfulness pilot program in a fourth grade classroom in Oakland, California. Asked to define mindfulness, one of the [...]

By |2021-03-22T13:15:59-06:00March 24th, 2021|Managing Your Practice|0 Comments

People Are Strange, When You’re A Stranger

As I stood, hip-deep in a snowdrift retrieving my dog's poop, I heard a man start yelling and looked up to see that I had let go of the leash while wading into the drift, and my dog had apparently engaged (without incident) the dog being walked by the other man. The flood of invectives [...]

By |2021-03-22T13:17:29-06:00March 9th, 2021|Managing Your Practice|0 Comments

How to Deliver Bad News

Difficult conversations can be, well difficult; particularly if the purpose of the conversation is to pass along bad news.  After all, who looks forward to hearing bad news or having to be the one responsible for delivering it?  I suspect this is why some lawyers will reach out to me looking for help when they [...]

Don’t Be Nixin’ Niksen

"Dare to be idle", advises Caroline Hamming — not as easy as it might seem. It sounds a bit like mindfulness, and it sounds a bit like meditation, but it's neither of those things. I think niksen is kind of like what Joseph Goldstein refers to as, "black lab consciousness"— relaxed and carefree. But lacking intention. A [...]

By |2021-02-18T16:25:18-07:00February 9th, 2021|Managing Your Practice|0 Comments

We Don’t Keep Client Personal Info, So We Don’t Need Cyber Coverage, Right? Wrong!

Lawyers often share with us that, as they see it, they really don’t need a cyber liability policy.  They seem to base this conclusion on the fact that they believe they are not subject to the HIPPA regulations or their state’s breach notification laws and/or that they intentionally don’t store much in the way of [...]

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