Can Embracing Any and All Digital Tech Lead to Trouble?

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.

The Importance of Taking Care of Yourself

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.

Why the “License Rental” Business Model is Problematic

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….

When Rationalizations and Creative Lawyering Are Not the Answer

In my role as a risk manager, I’ve heard all kinds of crazy comments from lawyers over the years. For example, during a CLE event with 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. In short, they boldly declared there is no such thing as a nonconsentable conflict. All it takes is some creative lawyering and problem solved. The panel and I were almost speechless. We were looking at each other and asking ourselves how in the world could the same lawyer ever represent adverse parties in a litigated matter, just for starters. My response to the panel was “wow, just wow.” I was also thinking to myself “I sure hope we don’t insure these guys.” Read on.

The Fallacy of Trying to Find a Healthy Work-Life Balance

Unless you’ve been hiding under a rock of late, I suspect you are well aware of the rise of the attorney wellness movement within our profession. Now, don’t get me wrong. I’m not here to challenge the importance and value of all that’s going on. While I will admit I’m having a hard time wrapping my head around this mindfulness thing, and when it comes to yoga, well let’s just say I’m more comfortable in the weight room, I do deeply believe our profession is in a crisis, in part, for want of attorney wellness.

For years so many, myself included, have talked about the importance of trying to find a healthy balance between one’s work life and one’s personal life as part of the answer to this crisis. Those who tried and succeeded did so believing that, once there, all would be good with the world. I’m not buying it anymore, and with this post, I am publicly stating I will never encourage anyone to try to find a healthy work-life balance again!

Why Buy A Lawyers Professional Liability Policy?

Lawyers and those in their employ can and will make a mistake from time to time. It happens. Should a significant misstep ever occur on one of your matters, what might the fallout be? Think about this as a member of our learned and honorable profession. Clearly the client will be harmed in some fashion. Now, put yourself in your client’s shoes and ask who should be held responsible, particularly if a financial loss is part of the equation? You know darn well what the answer is. After all, if a lawyer representing you on a personal injury matter blew a statute that resulted in a lost opportunity for any kind of recovery, you would expect to be made whole and you know it. This is why I don’t get the excuses. Purchasing malpractice insurance isn’t about protecting lawyers. It’s about protecting clients should something go wrong, which makes it, at least in my mind, the right thing to do.

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