Beware of Bad Check Scams Aimed at Lawyers

beverlym:

Lawyers continue to be a common target of check and money scams. Stay alert with the latest tips from our friends at NWSideBar.

Originally posted on NWSidebar:

An overview of the most recent fraudulent check schemes that continue to plague law offices, what they look like, and how to spot them.

View original 978 more words

Learn by Doing: Acrobat Tips and Tricks

Mandatory eCourt in Oregon is just around the corner. By court rule, all documents submitted through the eFiling system must be in PDF or PDF/A format and practitioners need to get up to speed now.

How can you become a power user of Acrobat, the powerful PDF authoring software?  By connecting to resources like the Adobe Acrobat Users Community and Acrolaw, the Acrobat for Legal Professionals blog.  Consider the usefulness of these shares and posts:

Subscribing to Acrolaw Posts

To follow the posts on Acrolaw [Acrobat for Legal Professionals] visit the home page, scroll down, and in the right navigation pane, choose the ACROLAW RSS FEED or under the BLOGROLL heading, select the third option “Sign up to get my Blog via email.”  Under BLOGROLL you can also follow the author, Rick Borstein, on Twitter or link to his training movies.

Accessing the Acrobat Users Community

Anyone can access the Adobe Acrobat Users Community. Visit the Web page for tutorials, quick tips, resources, and to submit questions.  If you prefer, the users community is active in social media.  Consider following the community on Facebook, Twitter, YouTube, Google+, or LinkedIn. You can also sign up for the AUC [Adobe Acrobat Users Community] Newsletter.

Buying Acrobat at a Discount

If you don’t already own Acrobat XI Pro – the latest version with all the bells and whistles – Adobe is offering a special deal through December 3: $14.99 per month if you commit for a year; $29.99 per month if you don’t.  [$29.99 per month is the regular rate.] Read more about Acrobat XI Pro here.

All Rights Reserved [2014] Beverly Michaelis

 

Word to WordPerfect Conversion: How to Strip Formatting

If you’re a Corel WordPerfect aficionado, chances are you’ve been frustrated by the “hidden” codes in Microsoft Word documents.

While there are various ways to see Word’s “hidden” formatting, sometimes it’s just easier to strip the formatting out.  Here’s how:

  • Start WordPad*
  • Select File, Open…
  • If you are converting a .doc file – change All WordPad Documents (*.rtf, *.docx, *.odt, *.txt) to All Documents (*.*).  If you are converting a .docx file, there is no need to change this setting.
  • Browse to locate the Word file.  Double-click to open it.
  • Select File, Save as.  Choose Plain Text Document.
  • This warning appears:2014-09-11_15-12-38
  • Click Yes.
  • Close WordPad.
  • Open the file in WordPerfect.  If you receive a prompt to convert file format, click OK.  Format your document as desired in WordPerfect.

*WordPad is a free text editor/basic word processor that ships with Windows.  Find it quickly by using Search all programs and files.

[All Rights Reserved 2014 Beverly Michaelis]

Establishing a Successful Home-Based Practice

Shingle Style CottageWhat does it take to establish a successful home-based practice?  Are there hidden pitfalls to drafting legal documents in your spare bedroom?

Learn whether you would be suited to working from home by considering these nine criteria:

Dedicated Office Space

Find a bedroom, den, or other area you can dedicate to full-time work.  Practicing at the kitchen table is less than ideal if it means assembling and disassembling your “office” each day.

Family and Confidentiality

If you live with others, take appropriate precautions to prevent access to client information (on computers and mobile devices as well as physical client papers).  The laptop you share with your spouse is not suitable for your law practice.

Boundaries

Failing to set personal boundaries can result in one of two extremes: nothing gets done or all you do is work.  Several years ago I met a home-based lawyer who reached out for help with procrastination and time management.  During the work week the lawyer let family chores and home responsibilities rule. To meet client deadlines, the lawyer worked all weekend.  As you might imagine, the lawyer’s spouse was not happy with this arrangement.  I have also witnessed the opposite. Workaholic tendencies are amplified tenfold when your commute is just down the hall….

Isolation

Working from home usually means working alone.  Make a concerted effort to get up and out.  Set concrete goals to attend CLEs, networking events, bar committee meetings, or go to lunch with colleagues.  Make these contacts a regular part of your schedule.

Privacy and Professionalism – Your Address and Telephone Counts

Arrange for a business mailbox at the post office, UPS Store, or through an executive suite and get a dedicated business phone.  This can be your cell, Google Voice [if you can still get a number], a VoIP provider, a virtual receptionist, or anything else you can figure out.  Using your home address or home telephone allows clients, opposing parties, and opposing counsel unfettered access to your personal life.

Meeting with Clients

This is best done outside your home.  One of the easiest solutions is an executive suite.  If this isn’t economically feasible, you may know a colleague with a spare office or conference room.

If you pursue one of these options, keep one eye on confidentiality and the other on conflicts.  I am not saying that borrowing someone’s conference room makes you a “firm member” for conflict purposes, but I am asking that you remain attentive to how such arrangements may evolve.

Whatever you do, don’t use coffee shops.  Revisit the comments above.  For help in selecting an executive suite, visit the PLF’s Web site.  Search for the form/practice aid “Virtual Law Practice.”

Home Office Permits

Projecting professionalism and protecting your privacy are the foremost reasons for not meeting clients at home, but if you need more, I am happy to oblige.

Most municipalities regulate home offices – which could, in the right circumstances – have a substantial impact on neighboring homes.  (Parking is the first issue that comes to mind.)

Do your research!  At a minimum, expect to complete an application and pay a fee.  You may also be required to notify neighbors, wait for the objection time to pass, and attend a neighborhood hearing on your permit application.

Premises Liability

The typical renter’s or homeowner’s policy covers risks associated with social invitees who slip and fall on your premises. It does not cover risks associated with business invitees who are injured on your premises [unless you purchase an appropriate rider or endorsement].  Of course, if you are uninsured you assume all the risk all the time.

Business License

If you live in a municipality that requires licensure, purchasing a business license is another step in addition to obtaining a home office permit.

[All Rights Reserved 2014 Beverly Michaelis]

 

The Nontraditional Law Practice

A nontraditional law practice can be anything a lawyer wants it to be:

  • Hybrid or alternative fee arrangements;
  • Unbundling;
  • Virtual law practice;
  • Home-based practice;
  • All the above; or
  • Something else entirely

Hybrid or Alternative Fee Agreements (AFAs)

As more clients push back against the hourly rate model, lawyers are looking for unconventional ways to price legal services.  One of the most popular?  The hybrid or alternative fee agreement (AFA).

Before you enthusiastically embrace this option, read this post and make sure your AFA satisfies the 5 “C’s” test:

  • Clarity
  • Completeness
  • Compliant
  • Common sense
  • Can’t be excessive

Hybrid or alternative fee agreements are often combined with other elements of a nontraditional practice.  Used correctly, they can be a huge asset.

Unbundling: Have it Your Way

With unbundling, clients pick and choose discrete services from a menu of available choices:

Providing limited legal services is not a new concept. Transactional lawyers have long served in the role of document reviewer or preparer. So how is unbundling different? It takes the idea one step further by employing a team approach in which the lawyer and client decide who will do what based on the legal services required by the client’s case. The client takes a much more active role in the matter and often assumes responsibility for pro se court filings and appearances.

Keep in mind that unbundling has its risks: Unbundling in the 21st Century: How to Reduce Malpractice Exposure While Meeting Client Needs and its ethical limitations.  See Unbundling Legal Services: Limiting the Scope of Representation and The Ethics of Unbundling:  How to Avoid the Land Mines of “Discrete Task Representation.”

Virtual Law Practice or Home Practice?

A virtual law practice or virtual law office (VLO) is a term of art referring to online delivery of legal services through a secure client portal.  If you are interested in creating a VLO, Stephanie Kimbro’s book Virtual Law Practice: How to Deliver Legal Services Online is a must.  [Available on the ABA Web store here. If you are not an ABA member, save money at checkout by using the Professional Liability Fund’s (PLF’s) discount code OSBPLF.]  Also see this post about click wrap or click through fee agreements.

VLOs aside, most lawyers who express an interest in practicing virtually mean they want to work from home – due to economic necessity, personal choice, or both.  In next week’s post, I’ll discuss the nine steps to establishing a successful home-based practice.

[All Rights Reserved 2014 Beverly Michaelis]

 

Getting the Most out of the New PLF Website

Have you visited the Professional Liability Fund website lately?  On September 22, we launched with a completely new look and a host of new features:

  • Use the Cart to aggregate content throughout the site – register for Upcoming CLEs, order Past CLEs, add books and forms – then check out your selected products in three easy steps.
  • Save money with vendor discounts and purchase any product from the ABA Web store at savings of 15% using our partner code.
  • Subscribe to Practice Alerts or News and Events and stay informed automatically about practice management announcements, developing news, and upcoming events by receiving our RSS feeds.
  • Research legal issues and pitfalls by searching our 14 year archive of In Brief, the official publication of the Professional Liability Fund.  Search by keyword for cases, statutes, areas of practice, and new legislation.
  • Explore auxiliary publications like Law Practice Today and our practice management blogs.
  • Contact a member of our expert practice management team or submit a question through our online contact form.
  • Begin professional liability coverage, apply for excess coverage, leave private practice, pay your assessment, or view our coverage plans online.
  • Learn more about the claims process, how to report a claim, and read answers to frequently asked questions.

CLE Content

Past CLE content is offered in up to four different formats, depending on the program: CD, DVD, downloadable MP3, and streaming video.  Program Materials are conveniently posted online for easy access.  Most content is free to Oregon-admitted lawyers whose principal office is in Oregon.

Forms

Filter forms by over 40 categories or use our handy keyword search to find forms by topic area, title, or description.

Staff Directory, Job Opportunities, and More

Explore the About PLF link for an overview of the Professional Liability Fund and its Board of Directors.  View our Annual Reports, contact staff through our Staff Directory, view current Job Opportunities, or use the Contact Us link to find our office hours, mailing address, street address, and directions.

Not Sure Where to Look for Resources?  Use Global Search

Not sure where to look or what we offer in the way of resources?  Just click in the global search button in the top right of any page.  This tool will find forms, CLEs, In Brief articles, page content, and more.  If we have it, global search will find it.

[All Rights Reserved 2014 Beverly Michaelis]

I Say Of Counsel You Say…

Of Counsel relationships remain a strong area of interest for lawyers who are drawn to the idea of creating a professional affiliation. In that quest, there are many misunderstandings about what an of counsel relationship is:

 

To better understand of counsel relationships, start here.  Also see this excellent post from Solo Practice University.

If you decide to pursue an of counsel relationship, enter into a written agreement to avoid misunderstandings.  See the American Bar Association publication, The Of Counsel Agreement, 4th EditionIf you are an Oregon lawyer, save money at checkout by using our ABA Books for Bars discount code, OSBPLF.

Of counsel arrangements may also implicate your professional liability coverage.  If you are an Oregon practitioner, please contact our coverage experts at 503.639.6911 or 800.452.1639 – particularly if you carry excess professional coverage liability with the PLF.

If you are forming an of counsel relationship and have any uncertainty whatsoever about how to craft a proper agreement, consult with outside counsel. Lastly, Don’t confuse being of counsel with being an independent contractor. See Mission Impossible? Working as an Independent Contractor in Oregon and this post.  [Pertaining to contract lawyers, but providing a good review of the issues surrounding independent contractor status.]

All Rights Reserved [2014] Beverly Michaelis

Editing TOA codes in Word

beverlym:

Want to know how to make Word sing? Follow CompuSavvy! Here’s a great post on creating a table of contents and a table of authorities.

Originally posted on CompuSavvy's Word & WordPerfect Tips:

Recently, I was teaching a class about creating and generating a Table of Contents (TOC) and a Table of Authorities (TOA) in Word at the Department of Justice, where I work part-time as a contract trainer / template designer.  One of the legal assistants in the class asked me what to do if she made a mistake while marking a citation — such as a court case — for inclusion in the TOA.  She said someone had told her she had to delete the resulting TOA code and start over.

Not so.  It’s quick and easy to edit the codes themselves.  I’ve been demonstrating that trick since the 1990s, when I taught computer classes for legal professionals at UCLA Extension and the University of West Los Angeles.

Here’s how it works.  After you mark a citation, Word automatically turns on Show / Hide (Show / Hide is the feature that displays non-printing…

View original 977 more words

Oregon eCourt: eFiling UTCRs Amended

On September 29, 2014, the following Uniform Trial Court Rules (UTCRs) were amended out-of-cycle pursuant to Chief Justice Order 14-049: UTCR 21.040, 21.050, 21.070, 21.080, 21.090, 21.100, and 21.120.  The changes are summarized below:

UTCR 21.040(2)

Simplifying the rules for filing documents:

“When a document to be electronically filed includes one or more attachments, including but not limited to a documentary exhibit, an affidavit, or a declaration, the electronic filing must be submitted as a unified single PDF file, rather than as a separate electronically filed documents, to the extent practicable. An electronic filing submitted under this section that exceeds 25 megabytes must comply with subsection (1) of this rule.” Also see UTCR 21.040(2)(c).

[Former UTCR 21.040(2) described a complex filing scheme with different rules for specific types of documents: motions to strike, motions for leave to amend, attachments to a petition for post-conviction relief, attachments to a Uniform Support Declaration.  Under revised UTCR 21.040(2) all filings are unified by default.  Over-size files must still be split.  Stand-alone affidavits or declarations are filed separately.  Otherwise, if they are attachments to another document, the entire document – along with its attachments – is filed as one unified PDF.]

UTCR 21.040(2)(a) and UTCR 21.040(3)

Adding new requirements regarding submission of electronic filings requiring court signature:

  • Orders, judgments, or other documents requiring court signature must be submitted separately from motions.
  • Filers must include appropriate information in the filing comments field for each submission. For example: “Motion for Summary Judgment” and “Proposed Order Granting Motion for Summary Judgment.”
  • Any electronically submitted document that requires a court signature must include a blank space “of not less than 1.5 inches and a blank line following the last line of text” to permit the court to affix a signature and signature date.

UTCR 21.040(2)(b)

Adding new requirements regarding submission of electronic filings that include confidential attachments:

  • If an electronic filing is not confidential but includes an attachment that is confidential (or exempt from disclosure), submit the attachment separately.
  • Filers submitting a confidential attachment must select the “confidential check box” after attaching the confidential document.
  • Filers must include appropriate information in the filing comments field for each submission. For example: “Motion for Stay” and “Confidential Attachment to Motion for Stay.”

UTCR 21.040(2)(c)

Clarifying requirements for filing affidavits and declarations:

  • Documents that include affidavits and declarations as attachments must be submitted as a unified single PDF under UTCR 21.040(2).
  • Affidavits and Declarations that are stand-alone documents (not an attachment to another document) are filed separately.

UTCR 21.070(3)(d)

Clarifying that motions for remedial contempt must be conventionally filed because they are created as new “criminal-base-type” cases in the eFiling system.

UTCR 21.070(3)(g) [Removed]

Permitting eFiling of amended pleadings that require payment of an additional filing fee.  Former UTCR 21.070(3)(g) required conventional filing of such documents. Also see UTCR 21.050(1) above.

UTCR 21.070(3)(l)

Adds petitions or motions for waiver of the mandatory eFiling requirement to the list of  documents that must be filed conventionally.

UTCR 21.070(3)(m)

Adds stipulated or ex parte matters listed in SLR 2.501 to the list of documents that must be filed conventionally. See Adoption of Oregon eCourt SLR Chapter 24 below.

UTCR 21.080(6)

Adds a new provision permitting relation-back of filings due to system unavailability, errors in transmission, or other technical problems that prevent the eFiling system from receiving a document.

UTCR 21.090 and 21.100

Housekeeping changes only, updating references to “subsections and “sections” for consistency throughout UTCR Chapter 21.

UTCR 21.120

Reducing the retention period of documents that contain the original signature of a person other than the filer from 10 years to 30 days.

Adoption of Oregon eCourt SLR Chapter 24

As part of going live with Oregon eCourt, a judicial district adopts uniform “Oregon eCourt” SLR Chapter 24. As a companion to new UTCR 21.070(3)(m), each court’s SLR Chapter 24 – 24.501 – will be updated to permit courts to adopt an SLR (2.501) that lists certain stipulated/ex parte matters that must be presented conventionally in that court, instead of eFiled. The SLR update will be part of the SLR chapter for Josephine, Marion, and Douglas Counties when they roll out Oregon eCourt in December 2014, and otherwise in the existing eCourt counties as they do the annual adoption of their SLRs. It provides as follows:

24.501 STIPULATED OR EX PARTE MATTERS MAY BE ELECTRONICALLY FILED

(1) Except as provided in subsection (2) of this rule, any stipulated or ex parte matter may be electronically filed for purposes of submitting to a judge for signature.

(2) SLR 2.501 is reserved for judicial districts to adopt a local rule regarding specific stipulated or ex parte matters for which the documents must be presented conventionally and may not be electronically filed.

[All Rights Reserved 2014 Beverly Michaelis]