The
perception of attorneys in the US is dismal.
The
perception of the legal profession in the US is unfortunately
unfavorable in general. A 2007 Gallup Poll looking at “unfavorable
attitudes” showed that only advertising executives (58% highly
unfavorable) and lobbyists (42% highly unfavorable) fared worse
than lawyers (35% highly unfavorable). This is a bleak state of
affairs that has not improved in recent years. In 2011 another
similar Gallup Poll, which looked at “positive perception” showed
similar results concerning the relative ranking of attorneys.
Nurses (84% positive) and doctors (70% positive) rated as the most
highly admired professionals while Lawyers (19% positive),
lobbyists (7% positive), congressmen (7% positive), and...
Help in Developing Internet, E-mail & Social Media Use Policies
Let's
start with a reminder. The people who use your firm's
computers, which includes portable devices such as smart phones or
computer tablets, represent a significant risk not only from things
like their falling prey to a phishing scam but to intentional
misuse. One effective risk management tool that can help
address this concern is a well-written online activity
policy that is coupled with education and
enforcement.
The establishment of rules regarding personal use that address such issues as personal browsing on the Internet, the use of peer-to-peer file sharing networks, personal email accounts, file downloads, and use of social media are of particular importance. Detail ownership and privacy ramifications so that everyone in the firm...
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Professional
liability insurance policy is provided on a claims-made basis, and
not the more common occurrence basis. One significant difference
between claims-made and occurrence policies is the timing required
when making the claim. Claims-made insurance requires that a policy
be in effect at the time the claim is made regardless of when the
act, error or omission occurred. (Of course, this assumes the error
in question occurred after your loss inclusion date or retroactive
date for your current claims-made policy.) For occurrence based
insurance to cover a loss, the act causing the harm had to occur
during the policy period. In claims-made insurance, it is the
report to the carrier that triggers the carrier’s duty to
indemnify―not the...
Are You Suffering from a False Sense of Security with Technology?
Have
you ever stopped to think about why your Internet security program
updates on a fairly regular basis or why Microsoft, Apple, Adobe
and other software companies release patches with similar
frequency? The reason is that for all practical purposes
computer security is something of a reactive defensive
play. Internet security suites defend your computer or network
from known and understood attacks. Once there is a new virus
or other nasty program released by some cybercriminal, software and
computer security companies investigate the malware and write code
that will protect you from this new threat. Here is the
problem. We all are potentially exposed to new and unknown
attacks particularly if the computers that we're using have not
been...
Note:
“Getting Started Solo,” a new 38-page white paper by the ALPS Risk
Management team, is available for free download at the Above The
Law Resource Corner. It just takes 10-seconds to register and then
you can select to start the download (PDF format). Click here.
Starting your own practice: exciting, scary, busy, crazy are all words that may come to mind when you are contemplating opening your own practice.
Following is a list of issues you should consider and some resources that may help you. Investing time to be prepared and well informed will be important to building a successful practice.
Are you ready to open your own practice? Who will your clients be? Do you have a niche/specialty? What will your ongoing costs be? Do you...
The perfume of the premium must overcome the stench of the risk
A quote that has been floating around the world of underwriters for a long time is “The perfume of the premium must overcome the stench of the risk.” It is our attempt at humor. However, when it comes to your firm, everyone can help decrease the cost of the “perfume” in the following ways:
- Have the firm’s individual attorneys complete three hours of continuing legal education in the areas of ethics, risk management, loss prevention and/or office management. This will automatically qualify for a 10% credit applied to...
So you just got handed the task of
creating a brochure for your law firm. There are a couple of
questions you need to answer before getting to far down the road.
How are you going to print and distribute your brochure? On your
desktop printer/copier, a local commercial printer, emailed PDF
file? How much is your budget on this project? If you have more
than zero dollars budgeted, keep reading. If your budget is zero,
quickly find a w
ay
to pass this off to someone else.
You’re still reading. Okay, first and foremost do not try designing it yourself without a template. Trust me, operating design software is not the same as being a graphic designer. If you’re looking for a creative outlet, you will have lots of creative freedom with a well...
Read More »Counsel for Those Considering Entering into Of Counsel Relationships
"Of
counsel" is one of those terms that has multiple
meanings. This term has traditionally been used as an honorary
designation for retired partners, as a special designation for firm
attorneys who are neither a partner nor an associate, and as a way
to describe part-time attorneys who have created an association
with a firm. In recent years, however, more attorneys seem to
want to use the term solely as a way to generate additional
business. After all, the increased exposure coupled with the
presentation of close ties with another firm can be an effective
marketing tool, right? Well perhaps, but there are risks that
come into play and these risks should not be taken lightly.
What is an Of Counsel Attorney?
The "of counsel" designation...
Read More »
Guest
blog post by Julie
Brook, Esq., Legal Editor with
the CEB
blog
For many seniors, staying in their own home — as opposed to a nursing home or similar facility — is a priority. Indeed, according to a Sun News article, surveys show that “aging in place is the overwhelming preference of Americans over 50.” But it can be a major challenge to find ways for seniors to continue living at home as their need for care increases. There are things that attorneys can do to help make the desire to stay at home a reality.
To carry on their activities of daily living at home, seniors need many different types of services. Depending on their physical and mental condition, they may need medical services, therapy, personal care (such as assistance with...
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Recently
a lawyer called to ask whether or not intake forms are useful. As
is often the case the answer to that is “it depends.”
A basic intake form that is very general in content may do little to improve your intake process. But a well thought out intake form focused on a particular practice area can be very beneficial for streamlining and gathering useful information from the client.
To be used effectively you should develop a different intake form for different areas of practice. This will allow you to obtain the types of information required for each area of practice. For example, if you practice in wills and trusts, business formation, and family law, these areas each require different types of information. In a wills and trusts...
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IVR.
Stands for Interactive Voice Response. They are designed to
improve the customer experience, reduce costs and even drive
sales. In fact, a quick Google search brought up the
following results and sponsored ads:- <Company X>'s IVR solutions, hosting, and platform will delight your callers.
- Customer Satisfaction = Revenue. Improve your IVR with our 14 points.
- Automate complex conversations cost effectively with artificial intelligence.
Corporate Citizenship: Musings of an Unlikely Girl Scout Leader
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....
Read More »
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...
Read More »New Online CLE’s Available to Virginia Lawyers from ALPS
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...
I was surprised to learn that the latest version of Microsoft Windows Phone mobile operating system is getting impressive reviews. Yes, I'm impressed when Apple fanatics I know and respect are giving a Microsoft product praise.

From a marketing technology perspective, the three main reasons I'm interested in this turn of events for Microsoft are:
1. Compatibility
ALPS is a company that relies on Microsoft business technology. I'm excited about Microsoft...Read More »
The Opportunity that Comes with a Malpractice Claim
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...
What’s the financial plan? Bringing a back burner issue to the table.
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...
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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...
Read More »INSIDE UNDERWRITING - Trending toward a hard market-what this could mean for you.
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....
Read More »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 21st 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...
Read More »
