Law Practice Management Archives - Page 4 of 4 - Professional Liability Matters

August 18, 2015 Ethics / Law Practice Management

Conflict Check for Would-be Clients?

Attorneys put food on the table by converting would-be clients into actual clients. However, the astute attorney knows which engagements are not worth pursuing and when to decline representation. The careful attorney knows that even the initial client interview will trigger ethical obligations. To be clear, an attorney’s ethical responsibilities kick even before there is an attorney-client relationship. While most attorneys probably are aware of this general principle, it’s less likely that most engage in best practices during the client intake process.

The New York …

August 6, 2015 Ethics / Law Practice Management

Client Communication: What’s Enough/Too Much?

The duty to communicate is essential to every aspect of the fiduciary duty a lawyer owes to the client. Proper communication ensures that we are identifying and serving our clients’ interests. It’s possible today to be technically “available” to clients 24-7. But how much availability is required, and where is the line? That’s the subject of a recent ethics case against a Texas attorney, resulting in sanctions for unreasonably ignoring a client.

The Texas Commissioner for Lawyer Discipline’s petition alleged that the attorney failed to …

August 5, 2015 Law Practice Management / Legal Malpractice

Liability for Delegated Tasks

We’ve previously touched on the risks of delegation. Although most of the LPL cases we discuss involve an attorney’s own, direct negligence, an attorney may be responsible for delegating tasks to others. Can the delegating attorney avoid liability because the alleged negligence was committed by someone else? According to a recent South Carolina opinion, the answer is no.

In Johnson v. Amber, plaintiff alleged that her attorney breached his duty of care by failing to discover the house she purchased had been sold at …

April 14, 2015 Law Practice Management

Less is More: Lengthy Pleadings Draw Judicial Ire

Federal rules require plaintiffs in a civil action to submit a short and plain statement of the claim showing that she is entitled to relief. Nevertheless, attorneys often feel compelled to develop their arguments through protracted complaints, and to support their claims with copious exhibits. In complex cases, thorough pleadings may be necessary to sustain a claim. However, in the majority of cases, such extensive pleading may produce irrelevant and redundant content that violates court rules and ultimately detracts from the issues at hand.

A …

January 16, 2015 Ethics / Law Practice Management

Ain’t Nothin’ But A “G”ift Thing – Ethics of Accepting Client Gifts

Rapper Dr. Dre recently made headlines when he gifted each member of his legal team a holiday “bonus,” in sums of $10,000 and up. While undoubtedly very generous, is such a grand gesture from a client to an attorney ethically permissible? It depends.

Model Rule 1.8(c) permits an attorney to accept a gift from a client, if the gift “meets general standards of fairness.” Simple gifts, like a fruit basket at a holiday or a bottle of champagne as a thank you, are permitted. If …

January 7, 2015 Law Practice Management

My Colleague’s Keeper: Duties of Subordinate Attorneys

Our prior posts in this three-part series have explored the benefits of the law firm structure and the responsibilities of supervising attorneys at a firm. In the conclusion of this series, we turn to another integral part of a law firm’s structure: subordinate attorneys and their duties and responsibilities with regard to taking directives from supervisors when ethical questions are implicated.

Subordinate attorneys are bound to follow all ethical rules, even if their supervisors fail to do so. Rule 5.2(a) is clear that a subordinate …

December 18, 2014 Law Practice Management

My Colleague’s Keeper – Benefits & Pitfalls of Law Firm Structures (Part II)

Monitoring Matters: In the first portion of this series, we examined how a recent New Jersey case highlighted the benefits of the law firm structure. Next we explore the risks, and responsibilities, of a supervising attorney at a law firm. Often, a good team is the most critical component of producing excellent services. A well-trained, productive, and properly supervised staff is undoubtedly an asset, but delegating to your team can present its own challenges. With this in mind, it is important for any attorney with …

December 10, 2014 Law Practice Management

My Colleague’s Keeper – Benefits & Pitfalls of Law Firm Structures

There are many benefits to working in a professional firm including the ability to collaborate and seek support from colleagues. Teamwork amongst colleagues may improve efficiency, innovation, flexibility and branding. But, through the doctrine of vicarious liability, a professional may be liable for her colleague’s conduct in certain situations. There are various corporate models intended in part at protecting an individual for corporate (mis)conduct. But these models are not bulletproof. A recent New Jersey decision emphasizes the double-edged nature of practice in a professional corporation …

December 1, 2014 Law Practice Management / Risk Management

Paralegal Power! Appropriate Delegation = Client Satisfaction

The practice of law is changing. In particular, as a result of modern technology, attorneys’ reliance upon support staff is not what it used to be. This has impacted the role of paralegals, members of a dwindling field. Indeed, according to the 2012 Survey of Law Firm Economics, the average number of paralegals per law firm has dipped by over 30%. However, paralegals still play an important role in a law firm. If utilized effectively, paralegals have proven to be invaluable players who provide …