Balancing the Roles of Lawyer and Caregiver

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If you are balancing a law practice while caring for an adult family member, you are not alone:

  • 44.4 million Americans age 18 or older are providing unpaid care to an adult.
  • The average length of caregiving is 4.3 years, wcalthough some people spend many more years in a caregiving role.
  • Almost 60% of all caregivers either work or have worked while providing care.  Sixty-two percent have had to make adjustments to their work life.
  • Many caregivers fulfill multiple roles.  Most caregivers are married or living with a partner (62%), and most have worked and juggled caregiving at the same time (74%).
  • The most frequently reported unmet needs of caregivers are finding time for themselves (35%), managing emotional and physical stress (29%), and balancing work and family responsibilities (29%).

These sobering statistics are featured in the March issue of In Sight, published by the Oregon Attorney Assistance Program (OAAP).

How do Caregivers Cope? 

With information, help, and resources.  All three are addressed in the current issue of In Sight.  Articles include:

One of the best resources is the Oregon Attorney Assistance Program.  The OAAP provides free and confidential support to lawyers who are balancing work and caregiving.

Making Adjustments to Your Law Practice

Many years ago I met a lawyer who contacted the PLF for help after experiencing a series of legal malpractice claims.  The lawyer had missed deadlines, failed to appear in court, and made mistakes in document preparation.  During our meeting I learned he was caring for his elderly parents.  Nearly every day he was called out of the office to retrieve a prescription, take care of an incident at his parent’s home, or drive his mother or father to the doctor.  Keeping a regular work schedule in the midst of this chaos seemed impossible.  Winding down the practice was not an option – his family needed the income.  The solution?  He closed his office on Fridays.  New and existing clients were informed of the office hours.  The lawyer also explained his strategy to health providers, obtaining their cooperation in scheduling regular medical visits on Fridays.  He was fortunate to practice in a smaller legal community where colleagues, opposing counsel, and the court were understanding.  The final secret to his success was a full-time legal secretary.

Not all lawyers are as fortunate as the one described above.  You may practice in a large, sprawling community where few lawyers know one another and bench-bar relations are nonexistent.  Hiring a full-time legal secretary?  Sounds great, if you have the money.  No matter what the circumstances may be, there are always options.  If you are a lawyer in Oregon struggling with caregiving and lawyering, contact the OAAP and the PLF.  The OAAP can provide emotional support and personal assistance.  A practice management advisor can help you strategize about how to adjust the scope of your practice.  Both services are free and confidential.

All Rights Reserved 2013 Beverly Michaelis

Social Media Bill Passes Oregon Senate

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Today the Oregon Senate passed HB 2654B which would forbid employers from demanding access to potential employee’s social media accounts. Read the full story at KATU. Maryland started the trend, which has spread to other jurisdictions. Twenty eight states are entertaining similar legislation.

For a related discussion, see this post.

Stop the Insanity Word Users! Get Snapnumbers Now

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If automatic numbering in Microsoft Word drives you nutty, then you need Snapnumbers from the folks at Snapdone.

Snapnumbers is a free Word add-in that allows you to number paragraphs naturally without regard to Word styles or the underlying format of your document.

4-13-2013 9-44-29 AMWhat does this mean?  In the legal profession, we often apply multiple levels of numbering in the same document.  We need the flexibility to move from one numbering scheme to the next and back again without Word’s interference.  We also expect our numbering schemes to remain sequential.  Unfortunately, Word is rarely cooperative with these transitions.  In fact, many users end up numbering documents manually out of frustration.

All of this can be avoided as the folks from Snapdone explain:

Simply type text normally — tabbing, indenting, and formatting as desired –  then when you want to insert a Snapnumber choose Level 1 through Level 9 from the Snapnumbers menu (or use a shortcut keystroke).  [See the examples here.]

The full version of Snapnumbers allows you to easily insert symbols ( ™ © ¶ § and others),  create custom numbering schemes, and build an automated table of contents.

My thoughts?  Download the free version and give it a trial run.  If you like it, the full version at $20 per license is cheap.  While you’re at the Snapdone, be sure to check out TheFormTool,  Snapdone‘s incredibly easy documentation automation for Word.  The basic version is free.  The advanced version is $89.  To learn more about TheFormTool, check out “Using TheFormTool in Your Law Practice” on the PLF Web site > Programs on CD/DVD.

All Rights Reserved – Beverly Michaelis – 2013

Washington State Administrative Office of Courts Hacked

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The Associated Press is reporting that 160,000 social security numbers were exposed when the Washington State Administrative Office of Courts was hacked in late 2012 or early 2013.

“The breach happened due to vulnerability in an Adobe Systems Inc. software program, ColdFusion, that has since been patched, court officials said. The hack happened sometime after September but wasn’t caught until February…

Mike Keeling, the courts’ information technology operations and maintenance manager, said officials were alerted to the breach by a business on the East Coast that had a similar intrusion.”

Following the breach, new security measures were implemented, including encryption.

Court officials have confirmed that 94 social security numbers were obtained – those affected will be contacted directly. Names and driver’s license numbers may also have been accessed. People who were booked in a city or county jail during specified periods or those who had a DUII, traffic, or a superior court criminal case in Washington may also be affected.

If you believe your information may have been exposed, call 1-800-448-5584 or visit this site.

Read more here.

Keyboard Hints for your iPhone and iPad

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Reblogged from sharechair:

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As part of my month-long anniversary series, some posts will include information covered previously. Hopefully this way new readers get to see things they missed and older readers might be reminded of things they have forgotten. (This "forgetting" thing happens to me, too!)

Two of the earliest posts on this blog were quite simple but also quite helpful.

First, how to…

Read more… 184 more words

Great Tips for iPhone and iPad Users from Sharechair

Are Private Lawyers Required to Bear the Cost of Communication Access?

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Accommodating actual or potential clients with hearing impairments is a misunderstood requirement of the Americans with Disabilities Act.

The National Association for the Deaf has this information to share:

Duties of Public Defenders and Other Government Lawyers

Public attorneys, such as public defenders (lawyers assigned to represent people charged with a crime) or other state or local government lawyers, may be unfamiliar with their obligations under the ADA. Public attorneys must ensure that communication with deaf or hard of hearing clients and members of the public are as effective as communications with others. A public attorney must provide appropriate accommodations when necessary to provide an equal opportunity to participate in and enjoy the benefits of the lawyer’s services. A public attorney must give primary consideration to the accommodation requested by the individual who is deaf or hard of hearing.

Duties of Private Lawyers

Private attorneys may be unfamiliar with their obligations under the ADA. Some private attorneys may be unwilling to provide and pay for the necessary communication access services. As a result, many deaf and hard of hearing people are unable to retain private attorneys for important legal matters, such as criminal proceedings, family law issues, and employment law matters. The ADA recognizes that private lawyers do not have to provide a specific type of auxiliary aid or service if they can demonstrate that doing so would be an undue burden (a significant difficulty or expense). To demonstrate an undue burden, lawyers must show that the cost to provide accommodations would significantly impact their practice and financial resources, which may be difficult for most law offices. When an undue burden can be shown, the lawyer must provide alternative communication access services that would, to the maximum extent possible, ensure effective communication.

Required Accommodations

The Americans with Disabilities Act (ADA) requires attorneys to provide equal access to their services by providing accommodations necessary to ensure effective communication with individuals who are deaf or hard of hearing. These accommodations include qualified interpreters, CART, and assistive listening devices.

Help with the Cost of Accommodation

The NAD advocates for improved access to legal services through the establishment of a communications access fund (CAF) in each state. The CAF would cover the cost of communication access services to ensure effective communication with private attorneys. The revenue source for each state’s CAF could be generated by assessing a small annual fee to be paid by each practicing attorney licensed in that state. Several states and local jurisdictions have established CAFs for legal services.

Liability Under the ADA

For a discussion of liability exposure for failing to comply with the ADA, see Providing for the Deaf, Hard of Hearing under the ADA. This post also contains useful practical tips for meeting your communication obligation.

Help for Oregon Lawyers

Oregon’s Deaf and Hard of Hearing Services provides resources and can answer questions about interpreter services in Oregon or other deaf and hard of hearing related information.

All Rights Reserved – Beverly Michaelis – 2013

The Best of TECHSHOW – Lesser Known Social Media Sites

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In this “best of” ABA TECHSHOW post I feature the best tips, tricks, and insights for lesser known social media sites.  To get off on the right foot take heed of the following:

Practical Advice for All Social Media Interaction

  • Always present the best public face that you can.
  • Keep all social media accounts updated and refreshed to boost SEO and search engine rankings.
  • Fill out profiles completely, use images, interact respectfully, observe ethical constraints, and be honest.
  • Claim your accounts!  Sites like AVVO create profiles based on publicly available information – better to log on, claim your account, and be certain the information presented is accurate.
  • If you blog, post headlines to Twitter, LinkedIn, and other appropriate sites noted below.  Start a discussion linking back to your post.

Pinterestimages

Pinterest is a visual social network.  Users upload, share, and comment on images pinned to a virtual bulletin board.  A Pinterest page for your firm might include infographics, videos, pictures, and slideshows.  Photos from your blog posts and PowerPoint CLE presentations are just two possible sources of content. Remember to follow other users and link to or repin their content.  When uploading, use keywords and organize your Pinterest boards around specific themes.

Google+images

Facebook remains the big dog in town, but creating a Google+ business page will help boost the SEO of your Web site or blog (in Google’s search engine at least).  Once your page is up, use Google+ communities to reach out and connect to others.  Sort your contacts into Circles (family, friends, clients, colleagues) and tailor your posts to each circle.  Google+ has unlimited linking to other social media profiles, so take advantage of the opportunity to publicize your presence elsewhere on the Web.

Location Based Social Media – Google Places, Waze, and Foursquareimages1

Required: create a Google Business Places account – the more you participate in the Google suite of products the better your visibility on the Web.  Make sure your business listing is easily found on Google.com and Google Maps.

Optional:  consider adding your business location to the GPS-based Waze so clients can find you or create a Foursquare badge to attract clients and offer a “special” for anyone who checks in at your venue.  What is Foursquare?  A free app to “help you and your friends make the most of where you are. When you’re out and about, use Foursquare to share and save the places you visit. And, when you’re looking for inspiration for what to do next, Foursquare will give you personalized recommendations and deals based on where you, your friends, and people with your tastes have been.” Foursquare boasts 30 million users worldwide and offers a merchant platform for businesses.  One option is to create an ad that will appear when a user “checks in” at a nearby location, perhaps a restaurant or coffee shop.

Business Review Sites

Like it or not, clients post reviews of law firms.  One of the most popular review sites is Yelp.  Be proactive and claim your Yelp page to track what clients and others are saying.  Post Yelp badges on your blog or Web site, make announcements on Yelp, and respond to ALL reviews.  Try the free version first.  If you upgrade to the paid version of Yelp it will boost your firm to the top of the list, allowing you to feature a review of your choice.

Slideshare and Flickr – The Forgotten SM Sitesimagesf

Slideshare is a document and presentation sharing site that is poorly utilized, but gets tons of traffic and sharing.  Accounts are free.  Repurpose posts and articles by uploading to Slideshare and linking back to your blog or Web site.

Use Flickr as another means to interact with your network or as a source of images for blog posts.  Check the use or permission level of the image, link back, and always include attribution to the source.

A Final Word about Ethics and SM as Part of YOUR Firm

Tailor social media to your specific practice and the ethical rules in your jurisdiction.  For example, it may not be the best idea to offer clients the opportunity to “check in” on Foursquare at your criminal defense firm.  Start conservatively, use your common sense, and contact your bar’s ethics hotline when in doubt.

Many thanks to Samantha Meinke and Allison Shields for all the great ideas!  These top notch professionals are two of the reasons why you should come to ABA TECHSHOW 2014.

All Rights Reserved – Beverly Michaelis – 2013

Scam Alert – Professional Liability Renewal Spoof

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If you receive the following e-mail it is a scam:

Subject line: Professional Liability Renewal April – May 2013:

I would like to review and Possibly lower your Professional Liability Insurance Premiums. I developed a relationship with a firm ( A rated companies and better ) that have saved 20-30% and thousands of dollars for some friends. To review yours, all we need is your last years application and declaration page. (fax 214.853.5846) If interested, email my assistant Ms Mindy Harris at mharris@universalfg.com or call me at 972-386-6639.

Mark S. Pincus
JP Morgan International Plaza III
14241 Dallas Parkway, Suite 650
Dallas, Texas 75254
mark@universalfg.com
www.universalfg.com

This e-mail is a phishing scam

  • An independent Google search of “Universalfg” returns no pertinent results.
  • Following the link listed in the signature line takes the user to www.universalfg.com, a poorly written site with grammar and punctuation errors.
  • While the phone numbers on the site match those listed in the spoof e-mail, there is no physical address included on the site. No legitimate insurer would fail to include a physical address on its Web site.
  • The About Us page lists Mindy Harris as a partner – not an assistant – contradicting the e-mail.
  • The About Us page contains an outdated photograph caption from 2011.
  • The About Us page lists two employees – a managing partner (the purported sender of this e-mail) and Mindy Harris, identified as a “partner.” There are no other employees, which seems odd for the scope of services provided by this “business.”
  • The last blog post on the site is dated July 2011.
  • The Address Bar icon that appears in the URL of the blog is a black and white4-23-2013 7-10-08 PM glamour shot of a woman. This is inappropriate imagery for a professional insurer.

The Professional Liability Fund is the sole provider of primary
malpractice coverage for Oregon lawyers

  • There are no private insurers from whom you can purchase the statutorily required coverage in Oregon.
  • Coverage rates are proposed by the Professional Liability Fund Board of Directors and approved by the Oregon State Bar Board of Governors.
  • Oregon lawyers do not complete an “application form” for primary plan coverage. [Granted, there is a form for Excess Coverage.]
  • “Renewals” of Professional Liability Fund coverage occur annually at year-end, not in “April-May.” Some lawyers elect to pay their assessment on a quarterly basis. E-mail notices are usually sent to bar members in November for the coming year. Additional e-notices follow. Payment is made through the secure member login on the Oregon State Bar Web site.

If you have questions regarding your Professional Liability Fund payment, please contact the PLF Accounting Department at 1-800-452-1639.

If you have been a victim of an Internet scam or have received an e-mail that you believe was an attempted scam, please file a complaint with one of the following:

Consider attending our CLE: Protecting Your Firm and Your Clients from Scams, Fraud, and Financial Loss – May 16, 2013.

Create a Cyber Security Plan for Your Law Firm

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Cyber attacks on small businesses are in the rise. How can you protect your firm?

If you use WordPress for your Web site or blog, you must read this: Guard Your Blog Against WordPress Attacks.
Next, use this article as a checklist to determine if your firm is secure.
Attend our CLE on May 16: “Protect Your Firm and Your Clients from Scams, Fraud, and Financial Loss.” Learn about risk management techniques, fraud protection services, and cyber liability coverage included in the PLF Excess Plan.

The Best of TECHSHOW – Tablet and Smartphone Apps

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This is another post from my ”best of” ABA TECHSHOW series.  Today  – supercool apps for tablets and smartphones.

Build a Visual Timeline

BeeDocs  – This app turns a dull timeline into an engaging 3D/multimedia presentation.  Chart dates, times, amounts, distances, prices, quantities – just about anything – in a visually appealing format to help clients (or jurors) better understand historical events.  Publish to the Web, create presentations, or add a visual timeline to a PDF.

Settlement Apps

Picture It Settled - Helps parties evaluate cases with probabilistic scenarios.  Draws on historically successful negotiating rounds to help users plot successful negotiation moves.  Uses the Settlement Prophet™ application to project when the parties are likely to settle and the amount of the settlement.

Scanning on the Go

Genius Scan, Scanner Pro, Text Grabber - Scan, crop, straighten, organize, and share images or documents quickly and easily by e-mail or through cloud services like Dropbox and Evernote.

158_iPhone_img3World Card - Capture business cards and sort them automatically by name, company, position, address, phone number, e-mail address and other fields.  Exports to address book – no more entering information manually.

Office Suite Productivity

OfficeSuite Pro 7 (Android only) and QuickOfficePro (Android and iOS) – Word, Excel, PowerPoint, and PDF for mobile users.

CloudOn - The full power of applications like Microsoft Office®, the convenience of cloud storage and more—all in your very own workspace in the cloud. Best mobile app for redlining/tracked changes.

iPadObjectTimekeeping

iTimeKeep - Enter time from anywhere, securely access matters back at the office, apply billing codes to time entries, run spell check.  Free trial version available from the App store.

Presentation Apps

Haiku Deck and SlideShark - Solid choices for presentation apps. Haiku Deck impresses with amazing images.  SlideShark is ideal for conversion of PowerPoint slides created on your desktop.

PDF and File Management Appsgr-icon-96

PDF Expert - Simple PDF conversion and markup. Integrates with Dropbox.  Easy to use signature feature, compatible with fillable forms.  Goodreader - The “Swiss Army Knife” of PDF readers with the ability to replicate desktop file management and structures.

Notetaking on the Fly

OneNote Mobile (free for up to 500 notes), Notability (syncs with Dropbox), Penultimate (syncs with Evernote), and Noteshelf (file notes into different books, download templates and themes including planners, grid paper, stationery, and more.)

Security Apps

1PasswordPro - 1Password will securely store your important information and automatically log you in to Web sites with a single tap.  No need to remember your username, password, or even the Web site address.

Lookout - Virus protection, backup, and location of your missing device.

Thanks to

Tom Mighell, James Province, Jeffrey Taylor, Ben Schorr, Dan Pinnington, and
Mark I. Unger for all the great apps!

All Rights Reserved – Beverly Michaelis – 2013