Quality Control in the Practice of Law

Back in the 80’s, Wendy’s aired a commercial that has remained a personal favorite and can still bring a smile to my face to this day. Here’s the gist of it. An elderly woman with two cohorts in tow are in a burger joint. This woman lifts the top of a very large fluffy burger [...]

The Risks That Come with Serving on a Corporate Board

Underwriters in the legal malpractice insurance space often exercise caution when reviewing applications of firms that have one or more attorneys serving as an officer or director of a for-profit, non-profit, or closely held corporation. Of course, additional scrutiny will come into play if one of more of the entities also happens to be a [...]

Are You Giving Your Clients Non-Verbal Cues About Your Competency as a Lawyer?

The number of times I’ve observed or heard about a problematic nonverbal interaction with a client (to which the involved lawyer or staff member was completely oblivious) probably wouldn’t surprise anyone.  After all, who hasn’t walked away from an occasional conversation knowing they haven’t been heard, been treated in an unexpected negative way from time [...]

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 [...]

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