Seamless Client Intake Online – Free Webinar!

  • Ever wish you could streamline your solo or small firm practice to easily track contacts, client leads, tasks, and reminders?
  • Or send out client intake forms with a few clicks of your mouse, set a due date for clients to complete forms, and automate client reminders?
  • Maybe you’ve been longing to implement eSigning of fee agreement and engagement letters, but you’re not quite certain how to get started.

Free Webinar – January 12, 2016

Learn how to do all the above at our free webinar on January 12, 2016 with Lexicata – the all-in-one client relationship management and client intake solution exclusively for lawyers.

If Lexicata is new to you, check out their website and blog.  Bob Ambrogi of the popular LawSites blog posted this review in May.

We are excited to offer this webinar in the new year, as Lexicata is really the only product on the market that can offer true client intake online – a feature many lawyers want to incorporate into their practice, but find cost-prohibitive to develop on their own.

Register Now!

Register now for this free program. This will be an accredited CLE touching on client intake and engagement practices folded into a Lexicata demonstration.  Even if you aren’t ready to make the move to online client intake and engagement, this is an event worth attending.  Topics include:

  • The Current Client Intake Landscape
  • Pitfalls of Client Intake
  • Overview of the Intake Process – Identifying what is needed from the client, getting organized, reviewing ethical considerations, assigning roles
  • Breaking Down Intake – Responding to the initial inquiry, consulting by phone or in-person, following up post-consultation
  • Social Media and Client Intake
  • Managing Initial Contact – Identifying referral sources, setting the tone, applying the Rule of 7, managing expectations, client tracking
  • The Role of Technology – streamlining intake, collecting information, balancing the need to screen v. wasting client time or damaging rapport
  • Client Engagement – signing clients, managing workflow, removing barriers to engagement, using eSigning as a tool, communicating next steps
  • Evaluating Your Intake Process – Asking for feedback to improve procedures



Reassigning Ctrl O to “File Open” in Word 2013 and Word 2016

From Jan Berinstein at CompuSavvy:

In a recent blog post, I provided instructions for bypassing the so-called Backstage view (i.e., the File tab’s Open screen / menu) when opening a file with Word 2013 or Word 2016.  I suggested using the keyboard shortcut Ctrl F12, which takes you directly to the Open dialog in Windows.  That keyboard shortcut comes in […]

Coping with Mistakes

Mistakes happen.  The practice of law is complex, clients don’t always follow through as directed, and sometimes we commit errors.

The emotion of being caught up in a legal malpractice claim can be overwhelming:

A significant measure of a person is not whether he or she avoids trouble, but how he or she meets it when they find each other…. I have developed immense respect for many of our covered parties, not because of their perfection as lawyers (they weren’t perfect), but because of how they coped with the claim.
Bruce Schafer, PLF Director of Claims – Parting Thoughts: Lawyers are like other people.

Help is here if you are feeling stressed or overwhelmed

Take this advice from the Professional Liability Fund:

We recognize that having a legal malpractice claim filed against you is often very upsetting. Lawyers react in many different ways, including anger, loss of confidence, anxiety, avoidance, and inability to focus.  If you would like assistance coping with the stress or other challenges associated with a legal malpractice claim, the Oregon Attorney Assistance Program offers free and confidential support and assistance. Information you provide to OAAP Attorney Counselors is not shared with the PLF Claims staff, your defense counsel, or any other person. In fact, no information is disclosed to any person, agency, or organization outside the OAAP without your consent. For free and completely confidential assistance call 503.226.1057 or 1.800.321.6227 (OAAP).  NOTE:  We ask that you do not discuss the facts or merits of the case with anyone other than the PLF, defense counsel, or others with whom you maintain a legally confidential relationship.

Putting claims into context

One of the most important roles we fulfill at the PLF or OAAP is helping you put a claim in context:

  • You are not alone.  The PLF receives approximately one claim for every nine lawyers it covers.  More than 80% of lawyers in practice 20 years or more have had a claim.
  • Having a strong reaction to an allegation of malpractice is very common.
  • There is never a downside to contacting the PLF or OAAP.  Our services are confidential and we are here to help.
  • The PLF has two claims attorneys on call every day to talk to Oregon lawyers. You should contact the PLF if you are served with a summons and/or complaint; you are concerned that you may have made a mistake; a client indicates that you have made a mistake; someone threatens you with a claim or makes a demand for damages against you; you receive a subpoena, or someone requests information, documentation, and/or testimony about your representation of a client.  Call the PLF even if you are concerned that the claim may not be covered.
  • At least one Attorney Counselor is on call daily at the OAAP office.  The OAAP is available to assist with any issue that affects the ability of a lawyer to function effectively.
  • The PLF has four practice management advisors on staff who are available to help you take action and constructively move forward with office system improvements.

All Rights Reserved [2015] Beverly Michaelis


Oregon Supreme Court Tosses Out 40 Year Precedent

Anytime the Oregon Supreme Court throws out a 40 year precedent, it qualifies as news. Here is a pertinent excerpt from the The NW Policyholder:

Good news for policyholders today from the Oregon Supreme Court: the court overruled the 42-year-old Stubblefield decision, making it much easier for defendants in litigation to protect themselves if their insurance company fails to reach a reasonable settlement with the plaintiff. Today’s decision in Brownstone
Homes Condo Ass’n v. Brownstone Forest Heights LLC means that a policyholder may more easily reach an agreement with the plaintiff to resolve the litigation and allow the plaintiff to go after insurance assets. Oregon has now joined the majority of states that allow policyholders to enter into these “covenant judgment” agreements without jumping through a series of hoops that are fraught with peril.

Read more here.

Discounts for Oregon Lawyers

10-12-2015 4-25-49 PMIn 2015 the Professional Liability Fund added WordRake, Client Conflict Check, MyCase, and Zama to its discount lineup.  But did you know that we offer discounts on five other products?  Visit our website to learn more.

The PLF offers discounts on cloud-based practice management software, including MyCase, conflict checking software (Client Conflict Check), and business productivity software (WordPerfect, PDF Fusion, and Perfect Authority).

WordRake, one of our newest offerings, is editing and proofreading software geared to the legal profession:

WordRake tightens, tones, and clarifies your writing. Just click the “rake” button and watch the in-line editor ripple through your document, suggesting edits to remove clutter and improve unclear phrasing, just like a live editor. Give your first drafts the polish of a second or third draft, quickly and painlessly.

Watch a 30-second demo here.

Zama is a news, alerts, and content monitoring service:

Zama mines over 70,000 news, information, and social media sources so you don’t have to. Easily find the information to help grow your business and strengthen client relationships.  Organizations that use Zama include Oregon law firms Ball Janik LLP and Karnopp Petersen LLP.

To better understand how Zama works (and might apply to your practice), read this blog post by Bob Ambrogi: New Service Helps Solos, Small Firms Monitor News Relevant to their Practices.

We are always on the lookout for ways to help Oregon lawyers save money and hope to add more discount programs to our lineup soon.

All Rights Reserved [2015] Beverly Michaelis

How to Say No to Clients


Did you answer “yes” to one or more of these questions?  You are in good company.

Lawyers often feel pressured to practice “door law.”  The source of the pressure may be economic:  I don’t really have a choice.  I need the money.  It can also be emotional: Family, friends, or former clients are depending on me.

If you find yourself in this predicament frequently, here is some sage advice that first appeared in In Sight.  These tips apply no matter who is doing the asking: clients, friends, family, neighbors, teachers, etc.:

  • Be respectful.  Listen to the asker and don’t interrupt. Respect the request, then respect your right to decline the request.
  • Keep it simple.  You have the right to say “no.”  Elaborate justifications aren’t necessary [and may lead to backsliding, since many of us say “yes” to avoid feeling guilty].
  • Assign responsibility elsewhere:  “That sounds very nice; unfortunately, my
    calendar is booked solid.” Now it’s your calendar’s fault. Stand firm. Avoid engaging in discussion or negotiation.
  • Refer to others who might fill the opening well.
  • Say yes when there is a good reason to do so, it will benefit you, or the cause is one you believe in.  [Life is too short to take on a case or client you find repugnant.]

I encourage you to read the full article here.

Postscript – What would I add to the above?

It’s time to keep it 100, get real, and dish some tough love:

  1. You are not the only lawyer who can help your clients.  If money is an issue, there are others who participate in the OSB modest means program, offer sliding fee services, or take pro bono referrals.  If you continually give your time away to nonpaying clients, your practice will decline and you may need to close your doors.  If you close your practice, you aren’t available to help anyone.
  2. If the case can’t be won, are you doing a service or a disservice by taking it? Once a lawyer commits to a case, many clients assume the case CAN BE WON, no matter how you qualify your representation.  Not all clients have a legal remedy, for a variety of reasons. This can be a bitter pill to swallow, but the truth is better than false hope.  You can always suggest [and should suggest] a second opinion.
  3. Even when the client has the money and the case is decent, you are not always the right match.  Don’t let someone push you out of your comfort zone. Law is complex.  Staying on top of your desired practice areas is hard enough. Straying into unfamiliar areas is stressful, time consuming, expensive [because of the learning curve], and more likely to result in a claim or bar complaint.
  4. You are a lawyer, not a doctor.  Keeping clients who won’t follow your advice, don’t cooperate, and look to place blame anywhere but with themselves, is a pure misery.  This is not a situation you can cure, except by firing the client.

All Rights Reserved [2015] Beverly Michaelis


Crowdfunding Theft – New Liability For Entrepreneurs 

A Washington court ruling against a Kickstarter creator who didn’t produce exposes legal risks. Here’s what lawyers should know.

Reasons You Should Visit WSBA’s new Unbundled Legal Services Webpage

Whether you belong to the WSBA or not, I recommend you follow NW Sidebar – one of the best legal blogs out there. 

Here is a reblog of their recent post on unbundling.  For an Oregon perspective, see The Ethics of Unbundling and Unbundling Legal Services – The Latest Twist.

Here is the NW Sidebar post:

WSBA has a new Web page about unbundled legal services, and we have five great reasons why you should check it out.

Clear paragraph and font formatting in Word

From Jan Berinstein, the expert behind Compusavvy:

Even if you have been using Word for a long time, you might not realize how easy it is to remove paragraph and/or font formatting from text. This post highlights a few different methods for stripping formatting, all of which work in recent versions up through and including Word 2016. You can clear paragraph and/or font […]

Bankruptcy for the Non-Bankruptcy Lawyer

On October 14, presenters Christine Coers-Mitchell and Johnston Mitchell of Coers Mitchell Law LLC presented Bankruptcy for the Non-Bankruptcy Lawyer.  Topics included decoding “bankruptcy talk,” what to do if a bankruptcy filing occurs during litigation, how to settle a bankruptcy claim, how to handle divorce-related bankruptcy issues, strategies for creating “bankruptcy proof” agreements and transfers, and bankruptcy issues involving real property.

Below is a compilation of the best tips from this CLE via Storify 

Access Bankruptcy for the Non-Bankruptcy Lawyer here  or click on the image below:


[All Rights Reserved 2015 Beverly Michaelis]