ALPS 411 is a multi-authored blog from the ALPS Corporation featuring expert staff and guest writers with a focus on making lawyers safe and successful in their practice.

Don’t Do Stupid Things When Browsing the Internet

Monday, May 7, 2012 by Mark Bassingthwaighte

For years my kids viewed me as not very tech savvy. I suspect that was because I wasn’t a power gamer or perhaps they believed that parental units just don’t get it. Over time however, I have found it ironic that several of these now young adults occasionally call home for instructional help and guidance with their laptops and smart phones. One call of note occurred a few years ago and concerned a laptop that was dying a painful death due an inordinate number of nasty viruses and Trojans that had erased restore points and data as well as turned over control of that laptop to someone else. I was not able to help with this problem since we were separated by several thousand miles at the time. My only advice was to suggest that the time had...

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Mediation and Solo Construction Practice

Wednesday, May 2, 2012 by Christopher Hill

Wow! My second post here at ALPS411. I was thrilled to be invited back and decided to follow up my last post on solo construction practice in the cloud with a more specific post that is near and dear to my heart as a construction attorney here in Virginia. Namely mediation and how it can help lawyers (solo or otherwise) and their clients reach a business decision in the face of an the emotional roller coaster of litigation or other methods of dispute resolution.

I can speak to this truth from two perspectives: the litigator representing a client and the mediator whose role is to assist the parties reach a resolution in a neutral fashion. 

As a litigator and counselor I almost (though not quite) always recommend mediation at some point during...

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Yes, Referrals Can Come Back to Haunt You

Wednesday, April 11, 2012 by Mark Bassingthwaighte

Yes, Referrals Can Come Back to Haunt YouWe have all made referrals. For some, making a referral is almost a daily occurrence. Lawyers often make referrals after work is declined. Staff may make them in response to cold calls or to clients who need a service that the firm doesn’t provide. Referrals are sometimes made during dinner conversations, at social events, or after a presentation made to the general public. We may pass along a name to a family member, a friend, a colleague, and especially good clients. After all, we do want to make sure our good clients are well taken care of. Too often, however, referrals seem to be made without any thought of the potential malpractice exposure. Is such casualness justifiable? Unfortunately, the answer may be no.

Malpractice coverage...

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Lawyer’s Duty of Confidentiality and Securing Your Smart Phone and Hand Held Device

Monday, March 26, 2012 by Wendy Inge

ALPS 411 - Secure your smartphoneLove My Smartphone: What’s not to love about a smartphone, it’s a great tool for keeping up while on the go. And smartphones aren’t just phones, they’re computers. The use of smart phones and other mobile devices like iPads is pervasive, and lawyers too have embraced these devices. But like all technology used by lawyers, we have certain ethical duties that apply. State bars have consistently held that the use of technology, such as e-mail, cloud-computing and portable devices requires consideration of the rules of professional responsibility addressing competency and confidentiality. Specifically, layers using this technology should be competent in understanding the technology (Rule 1.1 Competence) and how its use might impact the client...

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The Hard Market and the US Economy—Where ALPS Fits

Friday, March 23, 2012 by Bob Minto
Robert W. Minto, ALPS CEOBy Robert W. Minto, ALPS CEO, robertminto@alpsnet.com
 

It usually follows that when the wind blows the insurance market acts accordingly. Bracing itself the market hardens and prices go up. It's logical; repairing wind damage costs money and insurance prices increase to cover those costs. The wind blew in 2011 and early 2012 so we should see firming in property and casualty pricing in the next renewal cycle. What does the wind have to do with Lawyers Professional Liability Insurance (LPLI)? Technically nothing, but practically everything. LPLI is a subset of Casualty Insurance and is dependent on the same reinsurance sources as the general casualty markets. In other words, the industry as a whole floats on the same tides.

In Theory

The...

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When Vision Fades, Learn to Focus

Wednesday, March 7, 2012 by Mark Bassingthwaighte

alps411.com - When Vision Fades, Learn to FocusI have always been blessed with excellent vision. In fact, I used to play a game with my kids, which was basically to see who could first read a sign in the distance. I never lost that one; but they kept trying. Of course, and as is to be expected, presbyopia finally settled in. While I still have great long distance vision, trying to read a wine list in low light has become more than a mild irritant and I’m rather frustrated about that. If that weren’t enough, well, let’s just say the kids feel like their comeuppance has finally arrived and a little ribbing comes my way now and again. That’s ok; I’ll still claim them as mine. Now, a fair question might be what does this have to do practicing law? The answer is quite a bit actually. 

 

Let me...

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The perfume of the premium must overcome the stench of the risk

Thursday, February 9, 2012 by ALPS Report
As an LPLI policyholder, you may wonder exactly what an underwriter does. The basic purpose of underwriting is to evaluate risk, decide whether that risk will be accepted and determine an appropriate premium to cover that 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...
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Why a voice response system should be human

Monday, January 30, 2012 by Matt Lubaroff
PhoneIVR. 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.
Stop it. Seriously, just stop it. With full disclosure, I worked as a Training and/or Quality Manager for over 10 years with companies like US Bank, Charter Communications, FTD.COM and DIRECTV. IVR's are not used to improve customer service. They are used to cut costs. In a perfect world, they may route you to...Read More »

Corporate Citizenship: Musings of an Unlikely Girl Scout Leader

Wednesday, January 25, 2012 by Bob Minto

Girl ScoutsI'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....

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Should You Be in the Cloud?

Wednesday, January 25, 2012 by Guest Blogger

The CloudGuest 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...

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Selecting a printer/copier for your law office

Monday, December 19, 2011 by Stan Anglen

Making copies!Making copies!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...

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