Solo Practice University® » Mark Bassingthwaighte

How to Make Sure Your Work from Home Wi-Fi Router is Secure

Mark Bassingthwaighte — Thu, 10 Mar 2022 13:00:49 +0000

Are you one who tries to see that all work-related servers, computers, mobile devices, and cloud-based apps are properly secured, but don’t always put the same effort into all your personal devices and accounts? If so, you’re not alone; and my guess is if you’re reading this post you have given little thought to securing one very important personal device, which is the wireless router in your home. Read on....

Written by Mark Bassingthwaighte

Why You Don’t Get It Both Ways with Of Counsel Relationships

Mark Bassingthwaighte — Tue, 06 Apr 2021 11:00:07 +0000

Sometimes a call comes in that I feel compelled to write about and this is one of those times. The question seemed simple enough. Basically, the callers wanted to know if the fact that a solo attorney was going to be added to their firm website as Of Counsel solely for marketing purposes would have any impact on their malpractice insurance premium. Well, as a risk guy, I couldn’t help it. I needed to know more. In response to a few follow-up questions of my own, I learned the following.

Written by Mark Bassingthwaighte

There Is No New Normal!

Mark Bassingthwaighte — Thu, 12 Nov 2020 14:10:29 +0000

Recognize that change is constant. Sometimes change occurs gradually and at other times, for instance during a global pandemic, it comes at us like a tsunami. Regardless, in order to responsibly adapt to change, it must not only be recognized, the consequences thereof must also be understood. If change is too quickly normalized, the consequences too easily become minimized if not completely ignored.

Written by Mark Bassingthwaighte

Don’t Work in a Pig Sty. Why Housekeeping Should Be a Priority

Mark Bassingthwaighte — Wed, 14 Oct 2020 11:00:21 +0000

Over the years I have visited more solo 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. Read more....

Written by Mark Bassingthwaighte

How to Avoid Third Party Payor Problems

Mark Bassingthwaighte — Tue, 11 Aug 2020 12:43:22 +0000

An insured recently called wanting to discuss third party payors because 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. Afterall, when one person is asking, that implies others have questions as well.

Written by Mark Bassingthwaighte

Tails and Prior Acts – Covering Future and Past Exposures

Mark Bassingthwaighte — Wed, 15 Jul 2020 12:00:31 +0000

I recently took two calls almost back to back, and was surprised by both conversations. One came from an attorney who was retiring in another month or so. He had a few general malpractice insurance questions. The second was from an associate attorney with a small firm that was about to be dissolved. This associate was quite concerned about some decisions the partners were making regarding the firm’s malpractice coverage. What struck me was, other than the associate who called, the attorney decisionmaker’s at both firms didn’t seem to understand what a tail and/or prior acts coverage are. How much do you really know?

Written by Mark Bassingthwaighte

Can Embracing Any and All Digital Tech Lead to Trouble?

Mark Bassingthwaighte — Tue, 21 Apr 2020 10:51:36 +0000

In a number of jurisdictions, the commentary to Rule of Professional Conduct 1.1 Competency states that lawyers are to keep abreast of the benefits and risks associated with relevant technology. Keeping this language in mind, allow me to ask if you actually take this language to heart? I ask because in my world while I often find that lawyers do a pretty good job of evaluating the benefits of any technology they are considering using in their practices, it’s evaluating the risks that seems to get the short shrift in the decision-making process. Afterall, taking time to investigate any potential downsides to whatever the next must have digital tech tool is can be such a killjoy.

Written by Mark Bassingthwaighte

The Importance of Taking Care of Yourself

Mark Bassingthwaighte — Wed, 01 Apr 2020 11:18:25 +0000

The best risk management advice I will ever have to offer is simply this. Don’t ever forget to take care of yourself. I know it sounds simple; but for so many, it isn’t easy. I really do believe that taking this advice to heart can not only make a world of difference in every lawyer’s personal and profession life, it can also be an effective risk management tool.

Written by Mark Bassingthwaighte

What to Say in a Closing Your Practice Letter

Mark Bassingthwaighte — Thu, 30 Jan 2020 12:02:52 +0000

Lawyers occasionally reach out to me wanting clarification on what needs to be covered in a letter notifying active clients, whose matters the lawyer will be unable to complete in time, that their lawyer is closing his or her practice. Find out what you need to do.

Written by Mark Bassingthwaighte

Why the “License Rental” Business Model is Problematic

Mark Bassingthwaighte — Wed, 15 Jan 2020 11:00:37 +0000

Solo lawyers continue to occasionally call in wanting to discuss a business opportunity that has come to be known as the “license rental” model. In short, these lawyers are being offered an opportunity to affiliate with an out-of-state firm or occasionally a non-lawyer owed company and it’s often presented as an attractive way to develop a stable flow of recurring business. The out-of-state firm or non-lawyer owned company is wanting to direct cases to the lawyers they are contacting as a way to offer legal services in the jurisdictions in which these lawyers practice. The actual work may occur under an of counsel or contract attorney relationship and participating lawyers will receive some portion of the fee coupled with an understanding that the required amount of work will be minimal. Targeted practice areas include but are not limited to debt settlement, mortgage foreclosures, estate planning, traffic violations, and criminal expungements. Those who take the time to call me are usually wanting to make sure that, if they sign on to something like this, their malpractice coverage will be in play should a misstep ever occur. Before I answer that question, however, I always start by asking if they have given any thought to whether signing on is ethically permissible because many times the opportunity under consideration often won’t ethically pass muster for a number of reasons. Read on....

Written by Mark Bassingthwaighte