Legal Ethics

The past few years have been a bit rough in terms of the economy and there are few signs that things will dramatically improve anytime soon. The national debt continues to rise and there are still way too many who are unemployed or under employed. For those who went into this downturn living paycheck to paycheck, the past few years have been particularly hard. One lesson that can be taken from all this is the following. There is value in planning ahead in order to be financially prepared for the unexpected. So, how prepared are you? Not surprisingly, I see the failure of an attorney to appropriately plan ahead, not only as a financial misstep, but a risk management concern as well.

I constantly meet and work with attorneys who have done,...

It's hard to believe that ALPS has been around for twenty-four (24) years as of this past March 1^st. Over that time we have amassed a lot of experience, mostly good and some not so good, but on the whole it allowed us to become the best prepared Lawyers' Professional Liability Insurer in the country to meet the needs of lawyers in rural areas. During that time we've gotten very good at defending lawyers when malpractice claims arise and to quote Kenny Rogers, "We know when to hold-em and we know when to fold-em." I don't mean to sound glib, but this experience has allowed us to produce some of the highest quality live CLE events in the country for our affiliated Bars and thousands of lawyers throughout the country.

At ALPS we take pride in...

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

Mediation has been increasingly used to resolve many types of legal disputes. And it’s no wonder why — mediation gives the parties an opportunity to settle the dispute without incurring substantial litigation expenses. Here are some tips to make your mediations as successful as they can be.

Although there are no universal rules about how to conduct a mediation, these 5 tips are useful and effective:

1. Be willing to listen. To negotiate effectively, it is important to hear the other side’s concerns and to understand what options might be available that your client hasn’t yet considered. Even if the mediation doesn’t result in a settlement, the mediation process is useful for...

Okay so it's a bad paraphrase, but it makes a point. At some point in life every lawyer realizes that the practice culture, practice rules, client demands and expectations have changed drastically from what they knew oh so may years ago, and for many not for the better. I think this probably holds true for most lawyers who entered the practice in the last century, but I suspect it applies more for those of us that started practice just before the beginning of the information age. Population growth and concentration, inflation, speed of communication, ease of research and economic expectations all played a role in the meteoric change. The future of the practice of law belongs to the younger generation of lawyers and they face a daunting and...

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

Serving a complaint via Facebook may be in our future. As BusinessWeek.com reports, the practice of online legal service is spreading around the world as courts look for new ways to keep their dockets moving.

In California, service of summons is generally made by

• personal service (CCP §415.10),
• substituted service (CCP §415.20),
• service by mail and acknowledgment of receipt (CCP §415.30), or
• service by publication when the plaintiff cannot with reasonable diligence serve the defendant by any of the other methods (CCP §415.50).

Service of notices and other papers may be made by mail in most circumstances. CCP §1012. Electronic service, i.e., serving papers by e-mail, is...

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...

Stakeholders of law firms are often taken aback when they learn they are responsible both ethically and civilly for those individuals working in or for their firm, including their fellow stakeholders. A complete analysis of how and why is beyond the scope of this article. Suffice it to say, you may not be as safe as you think you are.

We often hear attorneys say, “the laws of our jurisdiction limit the liability of stakeholders or partners thereby insulating us from personal liability for the negligence of the other attorneys in the firm.” This generalization may be technically correct, but more times than not, it creates a false sense of security among firm owners which leads to complacency or inattention to the very important duty of...

Websites, every business needs one, and lawyers are no exception. Websites are in wide use within the legal profession and for good reason. After all, who takes the time to pick up the yellow pages anymore? Many homes have even opted out of receiving the yellow pages all together, ours included. Prospective clients routinely search out lawyers on the internet and visit their websites. And for business development and marketing reasons lawyers want prospective clients to be able to contact them directly. As lawyers, however, we need to be aware of the potential risks a web presence can create that can lead to problems down the road. One common misstep that we repeatedly see is the posting of individual attorney e-mail hyperlinks on a firm’s...

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 and Mr. Spence worked together on many high profile cases, including the defense of former Filipina...

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...

• 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...

"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 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...

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...

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...

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...