Cybersecurity, Part 2: Firms should avoid these common mistakes
The idea of cybersecurity may be foreign—or even frightening—to many attorneys. However, as evidenced in Part One of this series ("Cybersecurity: You Can't Afford to Ignore It Anymore," April 25) law...
View ArticleCybersecurity, Part 3: Identifying solutions
Cybersecurity issues are constantly evolving. Indeed, even since the first article in this series was published, it was announced that plaintiffs law firm Edelson PC has already filed a privacy class...
View ArticleAttorneys must be precise in representations to court
On May 19, Judge Andrew Hanen of the US District Court for the Southern District of Texas issued a scathing order criticizing the conduct of several Department of Justice attorneys defending the...
View ArticleDon't wait for the new year to close old files
Most attorneys and law practices generally understand which clients are no longer clients and which matters should be closed. Although closing files is not complicated, it typically only happens if...
View ArticleExercising attorney-client privilege over in-house communications
Law firm in-house counsel privilege is once again in the news, with New York joining other states, including Georgia, in upholding the attorney-client privilege for in-house counsel...
View ArticleMake sure your emails don't turn into evidence
Sometimes the first notice of a legal malpractice claim is a demand or a complaint. However, attorneys or law firms often become aware of a claim through threats from the client during the course of a...
View ArticleTake a work-free vacation without compromising quality
As we enter the legal profession's unofficial vacation month—August—lawyers are reminded of the positive impact of time spent away from the office. Studies regularly confirm that vacations are...
View ArticleService on outside boards has its risks
Attorneys are often eager to serve on boards of directors of outside organizations and with good reason. After all, membership on a board can increase the attorney's visibility, create connections that...
View ArticleAvoiding common law firm cybersecurity pitfalls
Cybersecurity often causes trepidation among attorneys simply because attorneys lack understanding of the nature of online risks and how to protect themselves. As evidenced in Part One of this series,...
View ArticleThe high cost of incivility in the legal profession
From day one, law schools stress the importance of budding lawyers' personal reputations. They counsel their students to act professionally and to treat professors and classmates—their future...
View Article5 Fundamentals of Collecting Fees
It pays to implement an effective billing system—literally. On the front end, having a system in place increases realization rates because it gets money in the door. On the back end, fee disputes and...
View ArticleFour Reasons Law Firms Change Insurers
A law firm may find that renewing its legal malpractice policy with the same insurer year after year is advantageous for a number of reasons. For example, the law firm and insurer may build a strong...
View ArticleCode of Law: If You See Something, Say Something
The legal profession's system of self-governance relies in part on what is effectively an "honor code" for attorneys. Specifically, when an attorney becomes aware of misconduct by another attorney,...
View ArticleThree Considerations of Document Proposal
Reviewing and revising a law practice's document retention and disposal practices is an aspirational goal for many law firms. Indeed, setting such a policy can be quite difficult. One reason is that...
View ArticleSteps for Limiting Liability as Local Counsel
Many litigators have either sought or served as local counsel at least once in their careers. Litigators with national practices may work with local counsel more often than not. Those with niche...
View ArticleThree Tips for Avoiding Social Media Conflicts
While most attorneys recognize the value of social media in promoting their practices, attorneys do not always apply the same level of care when using social media in a supposedly personal capacity....
View ArticleThree Tips for Handling the Difficult Decision to Downsize
In a perfect world, law firms would always continue to grow and there would never be a need to reduce attorney or staff head count. However, with the changing market for legal services, many law firms...
View ArticleThree Reasons to Break Up With a Client
Knowing when to end an attorney-client relationship is fraught with trepidation, especially when it becomes obvious that the relationship is on a troublesome path. It should therefore come as no...
View ArticleLegal Malpractice Claims Level Off as Conflicts and Cyber Claims Rise
Statistics regarding the type, frequency and severity of legal malpractice claims submitted to insurers during 2016 were released at the end of June. From the law firm and attorney perspective, the...
View ArticleAttorneys as Fortune-Tellers—Liability for Errors in Valuing Claims
In nearly every lawsuit there comes a point when the attorney is asked to evaluate the client's likelihood of success and to assign a value to the case. Because this value will likely be used by the...
View ArticleThree Key Things to Consider on Motions to Disqualify
While some motions to disqualify are nothing more than a litigation tactic, others raise legitimate questions regarding the ethical obligations owed by the attorney and her or his law firm to former...
View ArticleThree Tips for Addressing Harassment and Discrimination in Law Firms
As the national headlines in recent weeks make clear, no industry is free from allegations of sexual harassment and discrimination. In the legal field, a number of recent high-profile lawsuits have...
View ArticleDon’t overlook the legal malpractice insurance application
As part of the process of renewing or replacing legal malpractice insurance, law firms are typically required to complete an application. Law firms that treat the application as a formality and fail to...
View ArticleFive Tips for Reducing Risks for Replacement Counsel
Clients have the right to choose the counsel they believe will be most effective in handling their matter. Sometimes, this leads clients to engage replacement counsel when an ongoing matter is not...
View ArticleRepresenting Celebrities or Not, Lawyers Should Consider These Issues of...
Confidentiality clauses—discussed in news reports of recent celebrity sex harassment scandals—have become a standard provision for parties entering settlement agreements. Attorneys routinely advise...
View ArticleYou're Facing a Malpractice Claim; Don't Make a Bad Situation Worse
Receiving a legal-malpractice claim threatening potential litigation can be scary. While many attorneys take steps to avoid such claims, few have a plan for what to do after they receive one. Reviewing...
View ArticleTips for Ensuring Compliance With Ethical Obligations
Most attorneys are aware of the ethical obligations owed to clients and take them seriously. However, instead of simply assuming that their attorneys are in compliance with their ethical obligations,...
View ArticleUnfinished Business the continuing impact of Jewel v Boxer
Like any other business, law firms sometimes fail. While the failures of large law firms are well-publicized, smaller law firms can be just as or even more susceptible to failure, as the unexpected...
View ArticleLearning from 2017 and Looking Forward to 2018
The end of the year is an ideal time for attorneys to look back on the recent developments in legal malpractice law that may impact their practices for years to come. It is also a good time for...
View ArticleWho Can Sue an Attorney—and How to Stop Them
Unlike some other torts, the class of plaintiffs who can bring legal malpractice claims against attorneys is fairly limited. Generally speaking, legal malpractice claims can only be raised by a limited...
View ArticleFive tips for law firm associates in complying with their professional duties...
Associates in law firms have a unique role. Sometimes, they bear the laboring oar of completing legal services under the direction and supervision of partners and other senior attorneys. Associates are...
View ArticleTips for Handling a Call from the FBI
For many attorneys, interaction with the FBI and other law enforcement agencies is a completely foreign concept. Many general litigators and corporate attorneys have little to no professional...
View ArticleConflicts 101: Identifying and Handling Conflicts
By combining a knowledge of the legal requirements with practical considerations, attorneys can help ensure that they don’t get into hot water over conflicts issues....By: Shari Klevens
View ArticleSolving Conflicts of Interest of Nonattorney Staff
The hiring of nonattorney staff such as a paralegal can implicate some similar ethics issues as hiring a lateral attorney. For example, a paralegal often has in their possession confidential...
View ArticleTips for Traveling Abroad With Confidential Information
As law firms and clients increasingly go global, attorneys are likewise finding that their practices are not constrained by borders. However, in today’s environment, the act of crossing the border can...
View ArticleSimple Ways to Limit the Risk of Legal Malpractice Claims
As any attorney knows, the practice of law can require the consideration of complex issues and the exercise of judgment under difficult circumstances. Thus, many attorneys are surprised to learn that a...
View ArticleThe widespread use of litigation finance
Although still something of a “hot” topic, litigation finance is no longer a new concept in the legal industry. Both the growth of litigation finance operations and the widespread acceptance of the use...
View ArticleWhat If a Border Agent Seeks Your Smartphone That Includes Client Secrets?
Regular travelers are familiar with the protocols of international travel, such as complying with various countries’ requirements regarding possession of liquids or certain agricultural products. But...
View ArticleWhen Good Clients Go Bad - Advising Clients to Comply With the Law - Lawyers...
Lawyers are obligated to uphold the law while also protecting their clients’ rights. Indeed, it is routine for lawyers to advise clients on whether their approach to an issue is within the bounds of...
View ArticleWho's Listening in Your Elevator, Rideshare or Airplane? - Remember to...
Many attorneys rely on rideshare companies to get them to meetings, the airport or for other job functions. Recently, some rideshare companies have initiated audio and video recording programs allowing...
View ArticleWhat the coronavirus means for insurers and coverage
Worldwide media outlets have focused in recent weeks on the growing risks of the coronavirus (COVID-19), which originated in Asia but has been spreading throughout the world. At this writing, cases...
View ArticleAddressing Lawyer Mental Health Amid a Pandemic
May is Mental Health Awareness Month, which seems particularly timely as we continue to confront the COVID-19 global pandemic. While Americans are starting to adjust to our “new normal,” a large...
View ArticleMinimizing the Risk of Legal Malpractice Claims Amid a Pandemic
As the COVID-19 pandemic continues, law firms are adjusting to changing circumstances and client expectations. However, it remains unknown how the pandemic will impact claims against attorneys going...
View ArticleHow I Spent My COVID Summer Vacation
After months of social distancing, many attorneys are planning a summer vacation and seeking some respite. The need to take time away from work obligations may be more necessary than ever. Studies and...
View ArticleManaging risk during a quarantine slowdown
The last several months have been wholly unprecedented, in many different ways. Lawyers have experienced the challenges of working and practicing law from home. The ongoing quarantine and shutdowns...
View ArticleDon't Let Pandemic Pressures Push You Into Bad Decisions
As lawyers enter what is likely their sixth month of remote work, they may feel more pressure than ever before. Homes feel smaller, stressors feel more significant. Further, some lawyers have been...
View ArticleHow to change law firms during the COVID-19 pandemic
With so much uncertainty, there may be an assumption that attorneys are less likely to consider switching firms than in years past. However, while the hiring process may be unusual this year, attorneys...
View ArticleTaking over for a colleague? How to manage risk
The past several months have been unusual for attorneys and clients. For one, the ongoing pandemic has given some clients the space to review their legal portfolio and audit their own needs. Some...
View ArticleReally, here are some things we're thankful for amid the pandemic
This year has been unprecedented—and challenging—in a number of ways, both personally and professionally. Because this year has been difficult for many, it can be difficult to recognize all the reasons...
View ArticlePromote healthy habits in the new year
The new year is traditionally a time for reflection and recommitment to personal and professional goals that may have been neglected in the prior year. It is also traditionally a time for those goals...
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