ALPS 411

I've been thinking a lot lately about leadership, both in the context of businesses and communities. At times the concept makes me crazy, because many business leaders I know won't get involved in community leadership as they lack the patience to try to drive consensus. In truth when a friend suggested that I run for the legislature, I rolled my eyes and made some comment about not having the time to devote; this from the guy that drives corporate civic involvement home as being so important. This really got me going on an internal dialogue about what I have personally done in my community, and the importance of contributions, large and small.

It may surprise some of you to know that at one point in my life I was a registered Girl Scout....

Guest blog post by Julie Brook, Esq., Legal Editor with the CEB blog

Many attorneys have taken to the cloud, but others are hanging back, primarily because of concerns about security and accessibility of their documents. Here are some things you should know before using cloud computing in your law office.

Let’s start with defining what we mean by cloud computing: Cloud computing (or software as a service (SaaS)) is a service accessed via the Internet that allows businesses and individuals to create, edit, and store data and documents online. Instead of buying and installing software on your computer system, users upload information onto the Internet—“the cloud”—where it is stored with a software service.

When thinking about using cloud...

ALPS, the endorsed professional liability carrier for the Virginia State Bar, is offering two new Ethics CLE programs produced by ALPS Educational Services. These online and on-demand programs are for the 2012 VSB CLE year which runs from November 1, 2011 to October 31, 2012.

The two courses provide invaluable information for the practicing lawyer and are reasonably priced. Preview and register here.

Course Descriptions

2012 Top Ten Technology Traps and How to Avoid Them

The latest in computer technology, be it hardware or software, isn't the final answer when it comes to reducing exposure to a malpractice claim or avoiding ethical problems. In fact, the use of technological tools can increase one's risk. While computers can't commit...

As part of my risk consulting, I sometimes explore a firm's claims history in a group setting of attorneys. Every once and a while, one or more of the attorneys will resist this effort and question the appropriateness of the topic. With similar frequency I find myself in an open and honest discussion about what happened. The claims discussion is an interesting part of the visit process as I can learn a great deal about the inner workings of a firm based upon how the group responds. Ultimately, I am looking for an ability of the involved attorney(s) and the firm to hold themselves accountable for their actions or inactions. I am also looking to see if they have embraced the learning that can be taken from the experience and, perhaps most...

ALPS understands that managing your career is about more than simply keeping up with the day-to-day duties of your practice. Yet often, it’s difficult to stop what you’re doing and really look any further into the future than next week. However, you may realize the distant future is not as far away as it seems, especially when it comes to financial planning and developing a retirement strategy. That is one of the reasons ALPS Financial Services was created - to provide attorneys with a resource for financial advisement from a company that understands the practice of law. We specialize in helping small businesses plan for the future by providing:

·   One-on-one relationship based service

·   Customized planning for your specific needs and...

Many times policyholders, defense counsel or lawyers we meet tell us, “You should insure (fill in the name of a colleague). They are a great lawyer and would be a great risk.” That kind of endorsement is meaningful and the reputation is often well deserved. In fact we usually try to proceed with the referral whenever we can. When we receive the applications and have some insurance experience we learn it does not always follow that good lawyers do not have claims.

Let’s start with what we hear when someone says that a colleague or adversary is a “good lawyer.” First, they are sharp. They understand the issues and can articulate them on behalf of the client. They do their homework, be it fact-finding or legal research and are prepared to argue...

The insurance market, like any other market, has a cycle. The terms “soft” or “hard” are two standard terms used to describe where the insurance industry is in its cycle. In general, a soft market is a time of high competition, abundant coverage availability, and lower premiums. The hard market in general is a time of higher premiums, stringent underwriting standards, and limited availability. It is important for law firms to understand the insurance cycle and what it could mean in terms of their professional liability insurance options. 

Currently the insurance industry is in a soft market that has lingered for many years. It has shown signs of potential hardening over the last few years, but an actual hard market has not yet materialized....

On March 9, 2012 a diverse group of experts in the legal profession will gather at the DoubleTree in Missoula for a full-day Continuing Legal Education seminar entitled “From the Courtroom to the Classroom: A Multi-Dimensional Look at the Legal Profession in the 21^st Century.” Headlining the event is world-renowned trial lawyer and educator, Ed Moriarity. Born in Butte, Montana, Mr. Moriarity has practiced law for nearly four decades in the American West. He started his practice in Cheyenne, Wyoming and went on to work with famed trial lawyer, Gerry Spence, as a partner in his Jackson Hole firm, Spence, Moriarity & Shockey. Mr. Moriarity worked with Mr. Spence when he defended former Filipina politician Imelda Marcos.

Enthusiastically...

Few people remember Dick Holler who wrote this song that Dion made famous in the late 1960s. His words represent a tribute to a century of Icons for social change. As I sit here thinking about Martin Luther King, Jr., I find it prophetic that a song wedges him between two equally incredible and perhaps circumstantial heroes of a common cause that began with the drafting of our Constitution, got swept under the table until the 1860s and simmered until the 1960s when our nation of laws finally decided to enforce the rights of people of all races, ethnic backgrounds and beliefs. Like the times before when rights of human dignity and belief surfaced before we raced to embrace them and then back slid to a state of comfort. Today, we grapple with...

Most attorneys are more than able to effectively manage their client’s legal matters. Files are appropriately documented, substantive work progresses as expected, and resolution is reached in a timely manner. Unfortunately, competent lawyers who do good work and get a fine result can still find themselves facing a malpractice claim. Even worse, some of these claims will eventually lead to a loss payout. With this in mind, I find it curious that in my fourteen years in the malpractice insurance industry, I have never heard of a malpractice claim brought by a satisfied client. I can also share that I have personally spoken with a lawyer who did blow a statute of limitations date on a significant matter. After informing the clients of this...

Ok. I get it. How many malpractice claims are there that have been the result of a failure to write a declination letter? You know the one that says thanks but no. Truth be told, not many; but there are a few. Some are conflict problems because the creation of this letter is what normally would trigger the entering of the names of declined clients into the conflict database. When the letter isn’t written, the names can’t be entered and a conflict problem sometimes arises down the road. Others are a bit more concerning and represent the real reason why these letters should be used. Sometimes a non-client who did speak with you eventually sues you for failing to do something. They allege that you were indeed their attorney, at least as they...

Are there certain words that – like the sound of fingernails on a chalkboard – cause you physical pain when you hear them? Or is that metaphor, in and of itself, completely overused and annoying? Plus, who uses a chalkboard anymore? I already sound a bit like the late Andy Rooney and this blog is only four sentences in, but my point is that in our SmartBoard, high tech, put-a-lowercase-i-in-front-of-any-verb-or-noun world? – there are certain words and phrases that cause you to cringe when you hear them. Or worse, when you say them.

Yes, we’re all guilty of the busting out the buzzwords, especially in our professional lives. I’m in marketing where communication is our commodity and linguistic tricks and trends are our tools (alliteration...

Who can forget the scene in "Close Encounters of the Third Kind" when Richard Dreyfuss's character built a rather large re-creation of Devils Tower in his living room out of just about anything he could find - bricks, dirt, shrubbery, you name it. If you missed that film, trust me, it was a heck of a mess. Believe it or not, I have stood in a file room in an actual law firm where, in my mind, this mountain was re-created yet again. Files towered over my head and access to the top could only be accomplished by ladder. That file room is one I will never forget. To my relief I did learn that I was one of a select few ever allowed access, and fortunately, no clients ever knew what was hidden behind a very mundane door that they walked passed...

Choosing a new copier for your law office can be daunting, whether a solo, small firm, or large firm. There seem to be so many options and considerations. Besides, do you really have time to talk to a bunch of sales reps and trek out to Best Buy and Staples? Don't start from square one. Here are 5 things to consider when saddled with selecting a printer/copier for the back office.

1.       Cost per copy. It is by far the most important consideration when purchasing a printer/copier. Many small law firms fall into the allure of getting a really cheap printer but then become stuck with having to purchase extremely expensive toner cartridges for many years. As a general rule all printer/copier manufacturers publish “cost per page” for toner and...

Valued Clients, Associates, and Friends of ALPS,

I am proud to invite you to our latest for you – the ALPS 411 blog. This multi-authored site features expert staff and guest writers discussing the nitty-gritty of the daily practice of law, and sharing cautionary tales and real-world anecdotes to keep readers aware of and connected to current trends in the legal world. The overall focus is on helping you be safe and successful in the business of law.

Topics cover everything from risk management, professionalism, ethics, international law, and the use of technology, to useful information on malpractice avoidance, claims, underwriting, finances, marketing, social media, legal IT, e-discovery, career development, and more.

We invite you to...