Imputed Conflicts? Talk to the Wall!

Conflicts may arise from an associate’s prior legal work, which can be imputed to the new firm. In such cases, the new firm must implement an effective ethical screen or “wall” to exclude the associate from involvement in the matter. The sheer volume of information can make it difficult to establish a consistent and effective ethical wall. To improve the screening process, firms should develop clear, detailed procedures for managing each type of storage.

Email Management: Savvy Saving Strategies

Legal professionals spend an average of 66% of their day on email, according to Dashboard Legal. With the daily flood of emails, saving them to client files often gets overlooked. To prevent pitfalls, it's crucial to understand your ethical obligations and establish a system for organizing and saving emails efficiently.

Shoulder Surfing Sabotage: Protect Your Smartphone

In today’s connected world, attorneys can work virtually anywhere. Smartphones in particular have transformed the way lawyers operate, essentially allowing them to carry their entire office in their pocket. However, this convenience also comes with significant responsibility: protecting the confidential client information now stored on your phone.

Efficiency Unleashed: Mastering Outlook

Calendaring is a fundamental task for legal professionals, yet calendaring errors remain a leading cause of malpractice claims. In this post, we discuss Microsoft Outlook, a popular option to enhance productivity and organization, and lessen your chances of committing malpractice.

Harnessing Digital Marketing to Grow Your Practice

In today's legal market, digital marketing is essential for attracting new clients and growing your practice. Consider the following tools, technology, and techniques to expand your digital presence and track the effectiveness of your marketing strategy.

The American Bar Association: A Wealth of Knowledge for a Reasonable Price

As any legal professional can tell you, there’s a lot to know when it comes to practicing law. Thankfully, organizations like the American Bar Association exist to help. With a long history and plethora of information, “[t]he ABA works to promote the best quality legal education, competence, ethical conduct and professionalism, and pro bono and public service work in the legal profession.” Consider joining and take advantage of all that a legal-specific national organization has to offer.

Peer-to-Peer Pressure: Interview with a Bookkeeper

Venmo, Zelle, and Cash App are peer-to-peer smartphone applications (P2P) that streamline money transfers by linking user credit cards or bank accounts to rapidly move funds between users. In the legal field, client interest in P2P apps is rising. While undoubtedly convenient, lawyers must assess their security and suitability for their practice.

Key Insights from ABA TECHSHOW 2024: Embracing Tech Trends and Cybersecurity Imperatives

The ABA TECHSHOW, held in Chicago from February 14-17, 2024, was a melting pot of insights, innovations, and imperative discussions on the intersection of technology and law. As legal professionals met to explore the latest trends and tools, our PMAP team identified several overarching themes that emerged from the diverse array of presentations and discussions. Here are some key takeaways.

Shape Your Work With Pro Se Parties

Clear communication with pro se parties can help prevent misunderstandings and allow you to better work with them and obtain the information you need to represent your client competently and diligently. Focus on building a professional relationship with them that clearly defines roles and interests. Consider the following tips when interacting with a self-represented litigant to help avoid potential ethics or malpractice issues.

‘Tis the Season: Managing Your Practice During Holiday Travel

The holiday season is in full swing, and many attorneys are taking some well-deserved time off to relax and recharge or travel to see family. A break from work during the holidays is a great way to prevent burnout and reconnect with friends and loved ones. It can be difficult, however, for lawyers to truly disconnect due to billable hours and client demands.

The Three P's of Profitability

Profitability can be boiled down to increasing income and decreasing expenses. It’s about understanding your firm’s financial benchmarks for performance, finding new or better ways to get paid, and engaging your staff to meet the firm’s goals. To keep things simple, let’s look at the three “P”s of profitability—Performance, Payments, and People.

SLAY THE EMAIL DRAGON WITH HELP FROM MERLIN

How many hundreds— or thousands — of emails are in your inbox right now? At what pace is that number growing? Are you confident that an urgent message isn’t lurking in your queue? Does your computer constantly ping and pop up notifications? If these questions speak to the current state of your email account, you may have a problem. These are all telltale signs that a destructive dragon is living in your inbox.

Design 2023 to be a Success

The new year is a perfect time to reflect on and improve your office and its systems. A simple and efficient exercise called the 'Design Matrix' can help you identify the vital first steps to take.

eDiscovery Software: Eye of the Storm

Discovery can be a major headache for law firms. The proliferation of electronic data makes it challenging for lawyers to efficiently manage all of this information. The typical discovery process can be complicated and expensive, especially for solo and small firms. Managing electronic discovery used to be seen as necessary only for large firms in complex litigation. Now, law firms of all sizes need to be able to handle eDiscovery.

Catching the Right Fish: Associate Job Posts

Finding the right associate to join your firm can feel a lot like fishing. There may be plenty of fish in the sea, but you are searching for a star. Your job description is the first connection potential applicants have with you. You want that first contact to capture their attention and interest while also conveying your values and the benefits of working with you.

New Practice Aids Available on the PLF Website

The Professional Liability Fund offers a wide variety of resources to educate and assist lawyers and law office staff. As part of those resources, we maintain and update a library of over 300 forms consisting of checklists, sample letters and pleadings, and other helpful documents. We recently added four new checklists to our website that we encourage you to review.

Plugging the 'Knowledge Drain': How To Retain Knowledge and Ensure Your Firm's Continued Success

Law firms have always been plagued by the 'knowledge drain': the loss of knowledge when experienced employees retire or leave. They take not only their accumulated knowledge but also valuable relationships. Firms must find a way to capture and retain institutional knowledge and make critical knowledge accessible to their teams if they want to ensure business continuity, provide quality legal services, and stay competitive.

Drawing the Line for Nonengagement

Meeting with a potential client may sometimes feel like walking a tightrope. It can be difficult to end the intake without any misunderstandings or unintended promises. When someone believes an attorney-client relationship has formed but you do not, a real danger exists. As the attorney, it is your role and responsibility to clearly communicate when an attorney-client relationship is established and when it is not, no matter the marketing medium.

Manage Your Trust Account Like You Care for Your Dog

To best manage your lawyer trust account, think of and care for your trust account the way you would take care of your dog. You attend to its particular needs, such as physical and mental stimulation, dietary monitoring, and health check-ups. These steps for owning a happy and healthy dog reflect similar methods for maintaining a sound trust account.

Billing Software: Explore your Options

The type of program you use to track your time and calculate your bills will vary depending on your specific practice and firm goals. In focusing on software for billing, you have your choice of options, but you should consider the variety of features available when making the decision which to use for your practice.

COVID-19 State of Emergency Extended Through December 31, 2021

On April 29, 2021, Oregon Governor Kate Brown issued Executive Order No. 21-10, which was the seventh extension of Executive Order No. 20-03 and the COVID-19 State of Emergency since her original order declaring an emergency on March 8, 2020. On June 25, 2021, Governor Brown then issued Executive Order No. 21-15, which extended Executive Order No. 20-03 and the state of emergency to December 31, 2021, unless extended or terminated earlier by the Governor.

PLF CLE on Malpractice Risks in Bankruptcy - The Takeaway

The PLF recently presented a CLE on potential malpractice risks for bankruptcy practitioners. PLF Claims Attorney John Berge and Julia Manela from Watkinson Laird Rubenstein PC explored how the pandemic could generate an uptick in consumer bankruptcy filings after emergency governmental financial assistance ends and eviction moratoriums expire.

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In our recent CLE on

Resources for Improving Your Remote Court Hearing Experience

Although some courts are moving toward holding more appearances in person, certain court appearances will likely continue to be held remotely for some time to come. While the future of court system operations remains uncertain and will continue to evolve over time, below are some resources to improve your remote hearing experience:

Governor

On February 25, 2021, Oregon Governor Kate Brown issued Executive Order No. 21-05, which is the sixth extension of Executive Order No. 20-03 and the COVID-19 State of Emergency since her original order declaring an emergency on March 8, 2020. Based on this latest extension, Executive Order 20-03 and the COVID-19 State of Emergency will be extended for an additional 60 days, through May 2, 2021, unless extended or terminated earlier by the governor.

Death by Bad Management: Leadership as an Antidote to Terrible Bosses

Law firms are known for their high turnover of associates, who leave to join a different firm, take a job as in-house counsel or government lawyer, or depart the legal profession altogether. Some of the reasons include demanding hours, unbearable pressure, a toxic culture, and a lack of work-life balance. But the reason we shall delve into here is the terrible boss.

Mobile Banking: Take Advantage and Tread Lightly

Financial industry leaders expect that many people, both consumers and business owners alike, will continue to favor mobile banking options over traditional banking post-COVID. Take some time to learn the mobile options offered by your bank so you can make optimal use of their features.

Hard Times Don

As business continues to dwindle for some law firms, they are laying off associates and staff, imposing pay cuts, and taking other measures to minimize the financial impact caused by the pandemic. The pressure to stay afloat may tempt lawyers to relax their billing practices, ramp up fee collection efforts, and even hoard billable hours. Working from home can also lead to careless billing practices as the line between work and family life begins to blur.

Marketing: Your Law Firm, Yourself

If you feel uncomfortable and unconfident marketing your law firm or yourself, you are not alone. Many professionals feel that it is unseemly to advertise, even though it is ethically permitted under the Oregon Rules of Professional Conduct, as long as it is neither misleading nor false.

Why Is More Than a Question: Understanding Your Firm

At the start of this pandemic, many businesses had to close their doors. A few businesses were able to switch gears and continue employing their workers to do something else. For example, some distilleries and wineries started using their own alcohol to make hand sanitizer at a time when it was in short supply. A pizza shop in Chicago that could no longer serve pizza by the slice started using its ovens to make plastic face shields for frontline workers.

Working from Home? Make Your Internet Work for You

Many of us are more reliant than ever before on the stability and speed of our internet connection, now that the pandemic has forced us to work from home and many children are engaged in remote learning. If your home internet connection is not performing at the level necessary to support your needs, consider the options below to make it work for you.

Hoarding and Dabbling, Oh My!

COVID-19 has pushed many lawyers to quickly transition to a remote work environment and digitize their law practice. The swift and drastic transformation of the legal profession has created new risk management challenges for lawyers as they navigate different ways to run their business and deliver legal services. This blog post will explore some of the risks lawyers face when trying to get new clients and retain existing ones during the COVID-19 era.

Resources for Connecting During COVID-19

The pandemic has forced us to reexamine how we connect with others. Thankfully, technology has allowed us to create new virtual networking opportunities with colleagues, friends, and family. It is important to maintain those connections and establish new ones; otherwise it has been shown that social isolation can have damaging effects, both personal and professional.

Oregon

Notarization in Oregon became a bit challenging when COVID-19 forced people to stay home and keep a physical distance. Many lawyers came up with clever ways to notarize their clients

Phone Systems: What Works for Your Firm?

As we move forward and adjust to the changing infrastructure due to the pandemic, it is a good time to think about what type of phone system works best for your law firm. Phone calls remain a very popular form of communication, despite other methods such as email, video conferencing, and client portals, and may be the preferred method depending on the circumstances.

Working Remotely: The Takeaway

We are now three months in to what is, for many of us, this brave new world of remote work. For some, it has been a resoundingly successful experiment. Some lawyers who previously worked out of traditional law offices have made a smooth transition to working out of their homes

Collaborative Word Processing

With the spread of COVID-19 and resulting changes in how we conduct business, we need methods for exchanging information in different ways. In particular, attorneys need secure methods to collaborate on Word documents with both their clients and colleagues. This collaboration could include simply gathering information from clients with an intake form, review and approval of a document by a client or supervisor, or more complex collaboration involving multiple versions and tracked changes.

More Resources for Working from Home

Switching to a Work From Home (WFH) law practice is a big adjustment for lawyers and their colleagues, staff, and clients. To help support your efforts to make this go smoother, we have created a new practice aid,

Working and Meeting in the Age of Social Distancing

In light of the spread of COVID-19, many lawyers are looking for ways to continue meeting with their clients and other parties while keeping some distance from them. Fortunately, we are in an age where technology makes it easy to implement social distancing efforts that many individuals and businesses are now undertaking. This blog post will cover two tools that will allow lawyers to work and maintain social distance: (1) video conferencing and (2) remote access.

Loss Prevention Resources

The PLF's loss prevention department provides assistance to Oregon lawyers in a variety of ways. Remember to take advantage of our resources at every opportunity.

Avoiding Malpractice

Loss prevention is the chief focus for the Practice Management Advisor program, which is carried out by four attorney practice management advisors or PMAs. Since the PMA program is within the Professional Liability Fund, the loss contemplated is malpractice or professional negligence.

The Fake Law Firm Scam

You may have heard about so many frauds that you are tired of listening. As a lawyer, you may avoid falling victim to fraud by being hyper-vigilant, by refusing to click on popup windows, or by refraining from opening unexpected attachments that could release malware onto your computer.

Electronic Payment Processing Software for Law Firms

Payment by cash and paper checks is becoming a less common form of payment. Providing clients with the ability to pay electronically using a credit or debit card or an eCheck is now standard business practice. Many clients assume that a law firm will offer these types of payment options, and setting up an electronic payment system can provide for faster payments and simplify your billing process.

Remote Access for Lawyers: Remote Desktop Protocol (RDP) and Virtual Private Network (VPN)

As lawyers embrace the trend to work offsite, remote access becomes an important tool. Remote access refers to the ability of one computer to remotely access information on another computer or network. This functionality lets lawyers access their applications, folders, and files on their work computer while working from home or somewhere offsite.

Six Tips for Keeping Clients Happier with Communication

Unhappy clients are not the clients you want to have. They complain to you, to your staff, to their neighbors, to their friends, and they complain to the Oregon State Bar. One thing that makes clients unhappy is being ignored. Their emails go unanswered. There is no callback. If a receptionist is answering the phone, the receptionist becomes less sympathetic to the complaining client out of embarrassment or frustration.

State Courts: Take Advantage of All Available Resources

Navigating the court system can be a challenging experience. Many attorneys find themselves interacting with the court on a regular basis, while others infrequently encounter the court system. Regardless of your experience interacting with the court, a plethora of resources are available to make the experience less stressful for you and your clients.

The Basics of Your Financial Statements

The three most important financial statements that lawyers should pay attention to are the income statement, the balance sheet, and the statement of cash flows. These reports will not only help you run a profitable law practice, they also will help you to provide current reports to your business loan officer if you plan to get a business loan.

Hiring Staff: Considerations Before and During the Hiring Process

Feeling overwhelmed by your workload and never quite able to pull yourself out of the black hole of tasks? Yet most attorneys have never been an employer, and the idea of all that goes into hiring an employee can feel overwhelming. Don't allow this to deter you from at least considering the prospect of hiring staff.

Scrambling for CLE Credits?

December can be a busy month for many lawyers. One of the many tasks lawyers have to perform as they transition from 2018 to 2019 is submitting their MCLE compliance report to the Oregon State Bar. Sometimes lawyers are shocked to find out they are short 10 or more credits and then scramble for CLEs to make up for the shortfall.

Options for Redaction

Lawyers often need to securely remove confidential information, otherwise known as redaction, from discoverable documents. The physical act of using redaction tape or a sharpie to remove information from documents is time-consuming and can be frustrating to say the least, especially since many documents now arrive in electronic form rather than paper. If you haven

Get Ready for Any Disaster

There is nothing like a disaster occurring someplace else to make us pause to appreciate that we are not facing a similar disaster locally. I wonder whether the lawyers in the disaster zone were ready for the devastation to their law firms in the aftermath of the hurricane. I hope so because the disasters we don

Using Outlook to Save Google Emails

If you are a lawyer using Gmail in your law practice and want or need to save your client emails, here is a tip to help you do this. It requires you to have Microsoft Outlook with Adobe Acrobat PDFMaker add-on. With these two programs, you can convert an Outlook email folder including all attachments into a single PDF document.

Getting It All Done As a Solo

One of the biggest challenges a solo without support staff faces is trying to get it all done. How is it humanly possible? It may take some extraordinary juggling and a persistent adherence to planning, but I believe you can get close.

All Travel and No Play: Confidentiality Concerns if Working While Traveling

Summer is a popular time for taking a vacation. Or you may be traveling for work. Even when taking a vacation, many attorneys unfortunately can never truly leave work behind. That usually means traveling with a laptop or other device to be used for completing work. Yet your ethical duty to maintain client confidentiality pursuant to ORPC 1.6 remains the same when working outside the office.

Video: How to Use the Windows Snipping Tool

This short video shows you how to use the Windows snipping tool. The snipping tool allows you to capture a portion of what is seen on your computer screen, such as a picture, a paragraph from an article, or contact information. PLF Practice Management Advisor Sheila Blackford leads you through how to capture something using this tool and how to use the tool

Video: How to Remove Metadata from a Word or PDF Document

This short video shows you how to remove metadata from a Word or PDF document. Metadata is data stored in an electronic document that is hidden from immediate view. The information that is out of view, but attainable, sometimes includes information that is confidential or prejudicial to your client. PLF Practice Management Advisor Rachel Edwards explains how to use this important process for making sure you don

Playing the What-If Game

Lawyers are great planners. They are helpful to their clients because they are Grand Masters at the What-if Game: anticipating everything that might get overlooked or go wrong and planning accordingly. Today I

Managing Client Expectations

Communication is an important part of establishing and maintaining good relationships with your clients. Most if not all attorneys have represented a client who became upset after not receiving an immediate response to an email or phone call, even if the expected turnaround time is unrealistic. Managing client expectations about how you communicate can avoid the stress of miscommunication or clients feeling neglected.

To

It’s very temping for lawyers to slap an “of counsel” label on an arrangement they have with another law firm. The of counsel designation may sound attractive, but it has some pitfalls lawyers should be aware of.

Entrance Stage Right: How to Resume the Practice of Law

The one thing we can count on is that plans change. You may have intended that your departure from practicing law was permanent. Sometimes, the reasons that compel us to exit stage left become replaced by reasons to return. How do we do it? Do you try to pick up where you left off or do you start somewhere else? If these are questions you are beginning to explore, here are some things to consider and some resources to help you with your journey.

Video: How to Create a Pleading Template in Word

This video shows you how to create your own pleading template from scratch and describes the benefits of creating your own versus using a standardized template. Former PLF Practice Management Advisor Jennifer Meisberger walks you through each step of the process, including creating the title, caption, body, line numbering, footer, and then saving the template.

Microsoft Office 2007 and Beyond

Microsoft Office is a staple for many law firms and every version offers customer support. Yet support ends a certain period of time after release of the product. Office 2007 support ended on October 10, 2017. If you still use Office 2007 or an earlier version, you may be putting yourself at higher risk for malpractice claims or disciplinary issues now that your system is no longer supported by regular security updates.

Video: How to Create a Transparent Personal Electronic Signature

This video shows you how to create a standalone electronic signature that you can insert into Word documents. PLF Practice Management Advisor Rachel Edwards gives you step-by-step instructions on how to create, crop, sharpen, resize, and save your signature, as well as how to include your typewritten name and firm name in the signature.

Business Planning for Your Practice

The new year is a great time to create or update a business plan for your law practice. Whether you are a recent graduate, a seasoned veteran, or just new to private practice, it is never too late to set goals and identify strategies to reach those goals. You might think you don

Is Microsoft Office 365 a Good Bet for 2018?

Lawyers don't have the resources, time, or money to jump on the latest technology product or service for the mere sake of being an early adopter or follower of the crowd. We frequently only stop to consider the what and how and forget the why: does the product or service facilitate providing better legal services to the client in the most efficient manner?

Responding to Requests for the Client File

Lawyers routinely receive requests to share materials from the client file. Sometimes clients ask the lawyer directly, but other times the request comes from new counsel or third parties. Evaluating these requests requires you to consider who is entitled to the client file, as well as what documents and materials belong in the client file. Furthermore, you must also ask whether any limitations prevent you from releasing the complete contents of the client file.

Tips for Establishing and Maintaining an Organized Office

According to a professional organizer based in New York City, the average person loses at least one hour per day because of disorganization. Disorganization can be particularly damaging to attorneys, who need to utilize their time efficiently in order to maintain their practice. Remember that it can be easy to organize your office, but the importance lies in maintaining the system longterm.

Copying and Pasting from a PDF

As of August 1, 2017, Uniform Trial Court Rule (UTCR) 21.040(1) is amended to require that a document submitted electronically, whether as a PDF or PDF/A, must allow for copying and pasting text into another document, as much as practicable. The goal of the amendment is to conform the UTCR to the Oregon Rules of Appellate Procedure, which already require electronically filed documents to include the ability to copy and paste.

New Lawyer Mentoring Program

A batch of newly minted lawyers will be inducted into the bar this October. The Oregon State Bar New Lawyer Mentoring Program is a valuable resource for newly admitted members of the bar. As many lawyers have experienced, law school curriculums are often not geared toward preparing their graduates for the practice of law. Even with the advent of programs such as clinics and classes taught by practicing lawyers, new admittees often feel overwhelmed and unprepared.

Assessing and Remitting Abandoned Funds

The safekeeping of property is a well-known responsibility of lawyers. Attorneys understand that we must take great care in holding and accounting for any money in our possession that belongs to clients or third parties. But what happens when a lawyer has kept a client

A Better Way to Store Your Closed Files

The PLF gets frequent calls from lawyers asking about best practices for dealing with closed files. Traditionally, lawyers put their closed paper files in filing cabinets and store them in their office. When the cabinets are full, they move the files to a storage facility or the basement of the office building. The files stay there until destruction time, which is usually 10 years.

Avoid Mistakes with This Simple Tool

The medical profession uses it. Aviation uses it. Construction uses it. Even the culinary field uses it. It is the checklist. A checklist is a simple tool that can improve the effectiveness of performing complex tasks.

Easy DIY Encryption for Emailing Documents

There are many ways to encrypt email messages sent to clients or other parties. You can use email encryption software like Trustifi, Virtu, or TitanFile. You can also use secure client portals within practice management software to securely exchange documents with clients. Even Outlook Email allows you to send encrypted email messages using a digital ID.

Passphrases: An Enhanced Level of Security

We now live in a digital world. Many of our interactions occur online using computers, smartphones, and other mobile devices. This new reality requires passwords at multiple stages, whether to unlock our computer or smartphone or log in to a practice management software program or website. Here are some suggestions for creating and managing passwords while following proper security measures.

Communicating Effectively and Professionally

The legal world is changing quickly on many fronts, most notably technology. The way we communicate is greatly impacted as a result. Unfortunately, it has also highlighted a divergence among different generations of attorneys, particularly regarding the most appropriate form of communication in different contexts.

Sharing Fees Outside Your Law Firm

Lawyers often ask how to go about sharing legal fees with colleagues or entities outside their law firm. The answer depends on how you arrange the division, and with whom you intend to split the money. Lawyers who split fees as part of a referral arrangement must be careful to follow ethical guidelines, and to also take practical steps to avoid discipline or fee disputes with clients and colleagues.

Considerations When Charging Fixed Fees

Lawyers set fees for clients using a variety of arrangements. Charging a fixed fee, a set price for the services the lawyer provides, offers benefits to both you and the client. In addition, fixed fee agreements may reduce the possibility of fee disputes and increase the likelihood of carefully documenting the scope of representation.