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 [...]
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 [...]
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 [...]
We’ve all had difficult clients. In the best of times, they can be a challenge but in the times we’re living in right now they can be even more unpleasant. Here are 3 suggestions for dealing with difficult clients in difficult times. Before speaking with them, have a plan. Know what you need to accomplish [...]
Solo and small firm lawyers continue to occasionally call in wanting to discuss a business opportunity that has come to be known as a “license rental” business model. In short, these lawyers are being offered an opportunity to affiliate with an out-of-state law firm or occasionally a non-lawyer owned company, both of which are wanting [...]
Occasionally a lawyer will reach out to me wanting clarification on what should be covered in a letter notifying active clients, whose matters the lawyer will be unable to complete in time, that they are closing their practice. Here’s my response. Ordinarily these letters will inform each client of any relevant time limitations or time [...]
I’ll admit that advertising missteps rarely garner much attention from those who enforce the Rules of Professional Conduct. This shouldn’t be much of a surprise because, truth be told, complaints about what some firm is doing with their advertising campaign almost always come from competitors. Disciplinary complaints filed by consumers of legal services upset with [...]
Trust, which is built upon a lawyer’s ethical duty to keep all information relating to the representation of a client confidential, is the hallmark of the attorney-client relationship. Think about it. A confidentiality rule makes sense because it’s an excellent way to encourage prospective clients to seek legal assistance when called for and to help [...]
I’ve heard all kinds of crazy comments from lawyers over the years. For example, during a CLE event with a state bar’s ethics counsel sitting next to me on a speaker’s panel, two lawyer attendees tried to convince others in attendance that the panel’s position on conflict of interest resolution was clearly wrong. They stood [...]
Common reasons lawyers close their practices include a medical disability, wanting to retire, a move out-of-state, or a career change. While the specific steps that need to be taken and the time frame involved can vary significantly depending upon the reason driving the closure and the type of practice being closed, the following two checklists [...]
