“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...
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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’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...
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.
It'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.
Love
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...
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.
We’ve
all seen the ads. Don’t buy from the little guy when the big boys
have so much more to offer. Of course, how many of us truly foresaw
AIG’s troubles, the bankruptcy of GM, the collapse of Lehman
Brothers, or that even a few large insurance companies would buy
small banks in order to qualify for TARP funds in order to shore up
the books. I don’t know about you, but I was not exactly pleased
about the size of all those government bailouts. As I see it, big
definitely doesn’t equate with better, more secure, well managed or
anything else. Big is just that, big. I’m not impressed by the size
of any particular corporation. 
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 
Some attorneys still ask about how to purchase a tail
policy or tell me that they have purchased a tail policy to cover
their retirement years. Truth be told, there is no such thing
as a tail “policy;” and unfortunately, this type of confusion over
what a tail is and what it isn’t can lead to serious repercussions
down the line. 
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...
Let's
start with a reminder. The people who use your firm's
computers, which includes portable devices such as smart phones or
computer tablets, represent a significant risk not only from things
like their falling prey to a phishing scam but to intentional
misuse. One effective risk management tool that can help
address this concern is a well-written online activity
policy that is coupled with education and
enforcement.
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...
Note:
“Getting Started Solo,” a new 38-page white paper by the ALPS Risk
Management team, is available for free download at the Above The
Law Resource Corner. It just takes 10-seconds to register and then
you can select to start the download (PDF format). Click 
"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.
Recently
a lawyer called to ask whether or not intake forms are useful. As
is often the case the answer to that is “it depends.”
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