From time to time I get involved in conversations with lawyers who have called in with a question or concern and as we talk through the situation it becomes clear that part of the problem is the lawyer doesn’t know who his client is. These are the times I find myself asking “How in the world does this happen?” It happens more often than you think!
Before purchasing any policy, make certain you understand what you will be getting for the money you’re about to spend. Sometimes significant price differences between two seemingly similar policies are due to policy differences that are not always readily apparent. Here are the key items you need to understand.
Occasionally a lawyer will ask if there really is a need to use a standardized form during the intake process. As is often the case with such questions, the answer is “it depends.” Client intake forms are important. Find out why.
It should come as no surprise that calendaring errors are behind a significant number of malpractice claims. Ask yourself the following question. If a flood or fire were to occur tonight that results in your office being totally destroyed, would you have a complete calendar available in the morning?
It’s the call that starts out with so and so company wants the lawyer to be their exclusive local point person and boy it seems like a great opportunity. I always ask the one question these lawyers never seem to think about and the question is this. Is there an indemnification provision in the contract?
This post is directed toward those of you who fail to accurately record your time on a consistent basis throughout the day, day after day. I know it can be a hassle but there are really good reasons why this should be a priority.
Allowing a statute of limitations (SOL) to run on a client matter has always been a common malpractice error and I really don’t see that changing. One would think that with the rise of computerized calendaring systems there would be a decrease in the frequency of these types of errors. Unfortunately, it hasn’t played out that way.
As a risk manager, this question is the one question I’m asked more than any other and I get it. Truth be told, however, the answer to this question isn’t a simple one; but it is manageable and it begins with determining when any given file can be destroyed.
The number of professional liability claims that arise as a result of a substantive legal error has varied a bit, but it generally seems to hover around 46%. In short, this means that roughly 46% of reported claims in any given year are a result of an attorney failing to know the law, failing to properly apply the law, or failing to know or ascertain a deadline…..
You finally finish a client matter.
You believe you did good work and got a good result for your client; but as sometimes happens, you find that the client still owes you quite a bit of money, and on top of that, has stopped making any payments.
You certainly deserve to be paid so what are your options?
For a number of attorneys who find themselves in this situation they make a decision to sue for fees based upon a belief that they did good work and got a good outcome. Of course, post fee suit, none of that will matter to the client. If you do decide to sue for fees based upon the reasons set forth above, don’t be surprised if and when a malpractice counterclaim is filed and things start to get ugly. Seems to me the better approach would be to do all you can to avoid the necessity of ever having to consider suing for fees. With this in mind I offer the following thoughts.
It begins at intake and the best advice I can share is this. Read more….