Why Don’t Malpractice Policies Typically Cover Consulting Work? Understanding the Ancillary Services Coverage Concern

Market forces drive change and, at times, even bring about innovation.  So, in response, when a lawyer or firm decides to adjust the business model in some fashion in order to stay relevant or drive growth, I see that as a good thing as long as all the ramifications of the change are thought through [...]

Why Documenting What You’re Not Retained to Do Can Be Important Too

In my experience, too many lawyers appear to be quite comfortable running with an assumption that their client’s understanding of what the scope of representation is aligns with theirs.  This is one of the reasons why I suspect trying to convince lawyers to document scope of representation on all new matters is a never-ending task.  [...]

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 [...]

Preparing for an Extended Absence – Advice for the Solo Attorney

Given how difficult it can be to try and take a planned absence, such as a long vacation or maternity or paternity leave, it’s no wonder that having to cope with the consequences of an extended unplanned absence, perhaps due to the sudden onset of a serious health issue, can result in a crisis mode [...]

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 [...]

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 [...]

Why Lawyers Should Prioritize Housekeeping

Over the years I have visited more firms that I can remember; but no visit stands out more than the one that made me feel as if I had walked on to the set of Close Encounters of the Third Kind. I kid you not. One of my favorite scenes in that film was when [...]

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 [...]

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