File Documentation

“I knew I shouldn’t have taken that case.” Unfortunately, this is the statement we hear all too often when an insured attorney reports a malpractice claim to ALPS. In light of that fact, this article will encourage you to listen to your own judgment when determining whether or not to take a case and emphasize the importance of appropriate client selection and file opening procedures.

Hindsight offers the benefit of much clearer vision when reviewing a file. This is particularly true in legal malpractice cases. Appropriate client selection and file opening procedures are important risk management tools that you can incorporate into your law practice. Not only does this enhance work satisfaction, we believe that it can provide your clients...

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

Electronically stored information is so easy to alter or delete without a trace, which is particularly challenging when that information is evidence in a lawsuit. How do you make sure that this virtual evidence stays put?

When your case involves electronically stored information and you don’t want it to disappear with a touch of the delete button, a preservation order in the form of an injunction from the court at the outset of the litigation might be just what you need. See Dodge, Warren & Peters Ins. Servs., Inc. v Riley (2003) 105 CA4th 1414, 130 CR2d 385.

A preservation order will require that sources of electronically stored information are preserved pending discovery....

Believe it or not, file handoffs can lead to trouble if not properly managed. It doesn’t matter if the handoff is from a partner to an associate, from one firm to another post referral or purchase of a practice, or is to a new firm or attorney after the current attorney’s practice has ended due to death, disability, retirement, or disciplinary action. There are concerns that should be addressed with all of three situations. Why? Because an attorney’s liability for a client file isn’t limited to the decisions made or actions taken solely during the time he or she is personally responsible for doing the work on that file.

Consider the partner to associate handoff. What if the partner’s perspective is that the work on the file being handed off...

As the Social Media Community Manager for ALPS, I cruise a lot of law blogs (blawgs) and discussion groups each day. Over the last couple of months I’ve been paying particular attention quite a bit to comments about smartphone applications for lawyers.

These applications run the gamut of document management to tracking billable hours and beyond. Whether if you’re an iPhone user or a proud proponent of Google’s Android smartphone, there’s an app or apps out there for the seasoned lawyer, the solo startup, or the law student.

Below you’ll find what my research has shown to be the most popular and/or offers the most functionality for the mobile legal practitioner using iOS or Android based apps. There are hundreds that can help lawyers increase...

First of all, thanks to the great folks at ALPS for the kind invitation to post here at the ALPS411 blog. I've been a reader for a while, particularly since I set up a solo law practice almost 2 years ago. Since that time, I've had my feet firmly planted with one foot on the ground and another in the cloud.

(Quick Aside: If you are looking for a post on cyber securtiy, client confidence issues, or other tech oriented  thoughts about the "Cloud" as it relates to the practice of law, this is not the post for you. There are many wonderful posts here at the ALPS 411 blog for that and I commend them to you.)

While that last statement could be (properly) interpreted as my being happy with the move and the better work/life balance that I've achieved...

Recently one of ALPS' Claims Attorneys, Mike Flaherty, presented to the Knoxville Chapter of the ALA on the issue of suing your clients for fees. I developed content for that presentation and heard from Mike that the session was well attended by ALA members. In fact, Mike was slated for a 30 minute presentation, but because there were so many questions, he stayed for a full hour. Obviously this is a burning topic for legal administrators and attorneys right now. I’d like to share my tips on this issue to help you avoid the risks that are incurred if you are faced with suing your clients for fees. In addition to the tips below for collecting your fees, take a look at ALPS Risk Management Report on Billing and Collection.

Suing your client for...

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...

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...

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...