ALPS 411

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...

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...

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...

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.

• 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 way 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...

"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...

Guest blog post by

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...

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...

• <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.

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...