Last week I
turned sixty-five and realized that I am not far off being eligible
for Social Security and Medicare. The problem is I don't feel old
enough to be eligible for either, and I have no desire to retire.
Sixty-five used to be the milestone that people kept in mind as the
date when they got the gold watch and started drawing their
retirement from their employers defined benefit pension. Very few
of those exist anymore and most of them have been turned over to
the Pension Benefit Guarantee Corporation (PBGC) as part of a
corporate chapter 11 bankruptcy filing. Now for many of us it's
just another birthday with no meaning greater than any other. This
thought string got me thinking about lawyers and retirement
generally.
The world has...
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In
2011, ALPS formalized its commitment to education and risk
management with the advent of ALPS Educational Services (AES). With
over two decades of working in all phases of the professional
liability insurance industry — from underwriting to sales, to
marketing and education — there are real benefits ALPS brings to
our policyholders and the legal profession. Not only does ALPS
provide premier protection to its policyholders, but we have always
been committed to Continuing Legal Education and risk management
programs.
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...
We
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.
By
Robert W. Minto, ALPS CEO, 
For
the ALPS underwriters, 2011 proved to be a very interesting year.
As in years past, we experienced new carriers entering some of the
states where we do business, while other carriers left some of
those same states due to adverse claims developments. Competition
remained fierce throughout the year even though claims frequency
and defense costs appeared to be climbing industry-wide.
Predictions of a hardening of the insurance market were heard more
often, however the market remained soft. Overall our continued
coverage premium remained strong and the acquisition of new policy
premium was successful.
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.
I
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. 
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...
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...
"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.
Guest
blog post by 
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. 
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...
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