Stormproofing Your Legal Practice: Expert Tips and Strategies
Discover expert advice and practical strategies for stormproofing your legal practice, including tips on conflict resolution, client expectations, and documentation. Learn from the experiences of a seasoned professional to enhance your practice's resilience and success.
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Presentation Transcript
STORMPROOFINGYOURPRACTICE RAYMOND BIRKINSHA, JD, RPLU DIRECTOR OF CLAIMS PROFESSIONAL LIABILITY AMTRUSTFINANCIALSERVICES
LEGAL AND PRACTICAL DISCLAIMER I am not your lawyer and am not giving legal advice. I am not citing the law or rules of any specific venue or jurisdiction. Stories are based on personal experiences, multiple claims over 20 years, and have been fictionalized to protect the innocent and the guilty. The opinions expressed are personal, not those of my employer or Alta Pro Lawyers Risk Purchasing Group. Recording of this program is discouraged and is assumed to be for educational purposes and may not be used for any discussion or evaluation of specific claims, legal or coverage issues, or disputes.
1. BE THE EXPERT PROVIDEEXPERTISE 2. CONFLICTS OF INTERESTRESOLUTION 3. CLIENTEXPECTATIONS/ BE A COUNSELOR 4. DOCUMENTATION AND COMMUNICATION 5. THE FISCALLYRESPONSIBLE PRACTICE
1. BE THE EXPERT PROVIDEEXPERTISE Avoid Dabbling Caution in New Venues Do the Research Create and Use Checklists
2. CONFLICTS OFINTEREST Who do you represent? o LLCs o Family Business o The Next Generation o Local Counsel o Multiple Matters/Clients Avoid Multiple Hats End the Representation
3. CLIENT EXPECTATIONS / BE A COUNSELOR The Client is Always . . . Problem Clients Investigate, Confirm and Evaluate Say No ALA - Anticipate and inform of consequences Communicate and Document
3. CLIENT EXPECTATIONS / BE A COUNSELOR The Client is Always . . . The Client Problem Clients Investigate, Confirm and Evaluate Say No ALA - Anticipate and inform of consequences Communicate and Document
4. DOCUMENTATION ANDCOMMUNICATION A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation. Rule 1.4(b) Professionals Document Retention Agreements and Scope: Define the relationship, the problem, and the client Use waivers sparingly Communicate: Keep it simple . . . Strategy Expenses Resolution - Document Consent
5. THEFISCALLYRESPONSIBLEPRACTICE Get Paid Intentional Pro Bono The Inherent Conflict Protect Clients from Themselves Fee Disputes and SOL; Wait to Sue Communicate Your Intent
QUESTIONS?? RAYMOND BIRKINSHA, JD, RPLU DIRECTOR OF CLAIMS PROFESSIONAL LIABILITY AMTRUST FINANCIALSERVICES
