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...

Read More »

Lawyer’s Duty of Confidentiality and Securing Your Smart Phone and Hand Held Device

Monday, March 26, 2012 by Wendy Inge

ALPS 411 - Secure your smartphoneLove 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...

Read More »

The Fastest Way to get Sued for Legal Malpractice: Suing Your Client for Fees

Tuesday, March 6, 2012 by Wendy Inge

It's rarely a good idea for a lawyer to sue for feesRecently 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...

Read More »

A Form Of Substance―Using Intake Forms

Tuesday, January 31, 2012 by Wendy Inge

Intake FormRecently a lawyer called to ask whether or not intake forms are useful. As is often the case the answer to that is “it depends.”

A basic intake form that is very general in content may do little to improve your intake process. But a well thought out intake form focused on a particular practice area can be very beneficial for streamlining and gathering useful information from the client.

To be used effectively you should develop a different intake form for different areas of practice. This will allow you to obtain the types of information required for each area of practice. For example, if you practice in wills and trusts, business formation, and family law, these areas each require different types of information. In a wills and trusts...

Read More »