Managing the Risk that Comes From Bad Lawyering

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…..

10 Ways to Avoid the Legal Fees Lawsuit Counterclaim

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….

Avoiding Common Conflict of Interest Traps

Over the years I have tried to encourage solo and small firm lawyers to develop and consistently use a conflict system that tracks all of the information best practices currently dictate. In all honesty, I will admit that I have had limited success in this endeavor. I’ve concluded that I’m just not going to win […]

Do You Think Engagement Letters Are Optional?

Engagement letters seem to be one of those documents that most attorneys intellectually appreciate the value of but often underutilize. The letter simply isn’t in consistent use day to day and the excuses run the gamut. I often hear “Repeat clients would be offended,” “They take more time than their worth, particularly with flat fee […]