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.

“Conversing” versus “Communicating”

Monday, April 30, 2012 by Wendy Inge

We’re all taking advantage of it; in fact many of us say we couldn’t live without it. We use technology throughout the day to help us stay in touch and communicate. We can text, e-mail, Facebook and blog (like I’m doing right now.) from just about any place with our smartphones and laptops. When it comes to handling a busy practice, the efficiency and convince this can create are indisputable. However, it has changed our work pace and our work place and perhaps not always for the better. Are you addicted to checking your e-mail at all hours of the day and night? Can you unplug when on vacation or a family outing? And what about the pace….do you feel compelled to respond right away even though you may have been working on another task or...

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Why Paying Attention to Minor Details Does Matter

Wednesday, April 18, 2012 by Mark Bassingthwaighte

A typical law firm is not a place where everyone sits around all day drinking coffee and catching up on the latest gossip. More often than not, attorneys and staff are balancing several client matters at any given time. I suspect many feel as if there is never enough time because the workload simply seems to never have an end point. One ramification of this reality can be that attention to certain seemingly minor details goes by the wayside.

The kinds of details that I am referring to are those that are all too easily overlooked. They are the details of presentation and interaction as opposed to relevant legal details. Things like allowing a bill to go to a client that has one or more errors in it, sending a letter to a client with the...

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CLE – Staying Sharp and Staying Home (if you want)

Monday, April 16, 2012 by Bob Minto

CLE - Staying Sharp and Staying Home (if you want) by Bob Mento, CEO ALPSIt's hard to believe that ALPS has been around for twenty-four (24) years as of this past March 1st. 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...

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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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Problem Clients and the Lessons They Teach

Wednesday, March 21, 2012 by Mark Bassingthwaighte

When discussing past malpractice claims or disciplinary matters with attorneys, I often hear statements along the lines of “I knew I shouldn’t have agreed to take that client on” or “That was one of those no good deed goes unpunished situations.” Effective risk management begins with client screening, and those statements strongly suggested that there was room for improvement in that area. If the above statements ring true for you now and again, regardless of whether a claim or complaint ever arose, consider taking some time to reflect upon your own client screening practices.

While I believe that most attorneys are skilled at screening potential new matters, not as many are as effective when it comes to screening potential new clients. Yes,...

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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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Counsel for Those Considering Entering into Of Counsel Relationships

Monday, February 6, 2012 by Mark Bassingthwaighte

Of Councel"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...

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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 »

New Online CLE’s Available to Virginia Lawyers from ALPS

Tuesday, January 24, 2012 by R. Kiffin Hope
Mark Bassingthwaighte, ALPS Risk Manager

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...

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Manage Client Relationships in Addition to Client Matters

Monday, January 16, 2012 by Mark Bassingthwaighte

Manage client relationshipsManage client relationshipsMost 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...

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