Should You Barter Your Legal Services?

Bartering is “… A method of exchange by which goods or services are directly exchanged for other goods or services without using a medium of exchange, such as money.” [Wikipedia].

For a lawyer, bartering might consist of swapping services with someone like a Web designer. In exchange for setting up a business entity, you receive a new Website.

What are the Ethical Implications of Bartering?

When a lawyer accepts in-kind payment for legal services, whether the payment consists of the client providing services to the lawyer or an ownership interest in the client’s business, the lawyer is going beyond simply establishing a contract for legal services, and instead is doing business with a client. When entering into a business transaction with a client, lawyers must follow the requirements of RPC 1.8(a).  [Excerpted from Alternative Pricing Models: What’s in a Fee?]

This means:

  • The terms of the agreement must be reasonable and fair.
  • Your fee agreement must be in writing.
  • You must obtain the informed consent of your client to proceed (usually contained within the fee agreement).
  • You must recommend that the client consult with another attorney in deciding whether consent should be given.
  • You must fully disclose the details of the business transaction and each party’s role (part of informed consent).

Bartering and Professional Liability Exposure

Prior to 2016, Oregon lawyers were required to provide the Professional Liability Fund [PLF] with copies of business transaction disclosure letters or risk exclusion of coverage. The reporting requirement to the PLF has been removed for plan year 2016. Lawyers are no longer required to provide the PLF with copies of disclosure and consent letters when engaging in business transactions with clients.  As a courtesy, the PLF continues to offer a sample disclosure letter on its Website.

Beyond the Obvious Ethical Traps and Liability Exposure

Barter exchanges have practical implications.  Ask yourself:

  • If you do not complete the work for the client, how will you “refund” a portion of your “fee?”
  • Are you prepared to keep the proper records?
  • Do you understand the tax requirements for barter exchanges and the penalties for failure to report?

If you plan to barter with a client in exchange for legal services, be prepared:

  1. Read Alternative Pricing Models: What’s in a Fee? by Helen Hierschbiel.
  2. Obtain a copy of the sample disclosure letter on the PLF Website.
  3. Understand how your professional liability coverage works.  The PLF Primary and Excess Plans are available on the PLF Website.  Call the PLF with coverage questions: 530-639-6911 or 800-452-1639 (Toll-Free in Oregon.)
  4. If you’re still foggy on the ethics, contact Oregon State Bar General Counsel.
  5. If you need help with tax-related recordkeeping and reporting, speak with your accountant or a tax lawyer.
  6. Learn the ins and outs of bartering – if you are trading legal services for a new Website, verify that your potential client can do the job.  Check out these informative sites and posts: BarterQuest – when, where, and how to barter; How to Barter AnythingHow to Barter for Goods & Services – Tips and Methods to Trade; and Barter 101: Trading For Services.

Nothing prohibits bartering with a client for legal services, but like so many alternative fee approaches, be sure you know what you are doing before you enter into an agreement you might regret.

[All Rights Reserved 2016 Beverly Michaelis]

Postscript

For more on the topic of engaging in business with clients, see Too Good to Be True: The Ethics of Business Transactions With Clients.

Turn Over a New Leaf through Better Client Management

The New Year is an opportunity to do things differently.  Why not resolve to improve client management?

Lesson One

The first lesson in managing client expectations is that some folks should never become your clients.  Become a “red flag” spotter.  Screen potential new clients with these questions in mind:

  • Who referred the new client?  The quality of the referral source can speak volumes (best client ever: you’ve got another winner; client from hell: run for the hills).
  • Are you taking the case because the new client is a friend or family member?  If this is the only reason, it isn’t good enough.
  • Are you overlooking a potential conflict?  Be especially wary when representing multiple clients, who are almost never equally situated (though they may argue with you).
  • Is the client lawyer shopping? If you are the third lawyer the client has consulted, one or more of the following is likely to be true: the client has no case or a bad case; the client is perpetually dissatisfied; the client doesn’t have any money; the client is purposely trying to conflict you out of representing the opposing party.
  • Does the client have a bad attitude toward lawyers or other professionals? Proceed cautiously if the client’s feelings seem disproportionate. A client who sees conspiracies around every corner can quickly become a nightmare for you.
  • Is the client pursuing the matter on principle without regard to cost? Unfortunately, proceeding on “principle” is sometimes a masquerade for vindictiveness or revenge. A client who seems to be pressing on this point a bit too much won’t be very amenable to settlement and may not be willing to cooperate on simple tasks like scheduling depositions or cooperating with discovery requests.  This client’s motive is to push the other side’s buttons with the side effect of irritating you.
  • And the list goes on.  Learn all the red flags.

Lesson Two

The second lesson in managing client expectations is to think about your practice from the client’s point of view.  Perfectly good clients with decent cases can turn into clients from hell if they feel their expectations aren’t being met.  Avoid this trap:

  1. Be realistic about potential results.  Depositions, discovery, and your own investigation may reveal that your client’s “perfect case” isn’t so perfect after all. It is better to be a bit conservative than to give clients false hope.
  2. Provide accurate timelines. This is easier for transactional lawyers than litigators. Television and movies make it appear that conflicts can be resolved in one, two or three hours, leading clients to believe their case will be a sprint to the finish. Prepare your clients for a marathon.
  3. Talk about fees and costs up front.  Money will be on the client’s mind, so address it early.  Whatever arrangement you make, be sure the client understands exactly what is required of them.  If you bill hourly and provide the client with an estimate or budget, keep a close eye on the numbers.  If it becomes obvious to you that the work can’t be finished for the specified amount, speak up right away.  Always stick to your billing schedule and get invoices out on a timely basis so clients know where they stand financially.
  4. Establish turnaround times for phone calls and emails.  The best approach is to set aside a specific time of day to return calls and reply to messages.  If your schedule allows, you can do this more than once per day.  For example, upon arriving at the office, around lunch time, and again at the end of the day.  If you are a busy trial lawyer running a solo practice, it may be more reasonable to inform clients that you will respond within 48 business hours to calls or emails.  By letting clients know when to receive a response, you manage their expectation that all communications are “instant.”
  5. Inform clients about extended absences.  If a trial or other commitment is going to keep you out of the office for an extended period, change your outgoing voicemail message and consider sending an email blast so clients are prepared.
  6. Use staff effectively.  Some lawyers postpone hiring an assistant because they believe they can’t afford staff.  In turn, these same lawyers spend valuable billable hours performing clerical tasks.  Before you write off the idea of hiring someone, do the math.  Odds are the billable time you recoup from delegating nonbillable tasks to a full or part-time staffer will more than pay for your employee.  Staff can help you respond to the barrage of emails, phone calls, and client requests while keeping an eye on deadlines and getting work product out the door.  Improving responsiveness and timeliness makes for happier clients.
  7. Keep clients informed by transmitting all incoming and outgoing work product.  Clients want tangible results, but we work in a business where there isn’t much to “show”  that clients can put their hands on.  Documents are an exception.  Keep them flowing.
  8. Review all open files at least once in any 30 day period.  Your best option to is create a recurring task or reminder in your calendar or practice management software for each file.  When a new file is opened, part of your file opening procedure should include setting a revolving reminder or tickler to review the new file.  If you don’t have tickle dates for each of your existing files, generate a client list and begin scheduling recurring 30 day reminders for each file.  Try to spread the file review process over the entire month so you aren’t overwhelmed on any one day. Creating a reminder or tickler system means you are less likely to forget about files.  Use monthly reminders as a starting place for delegation and as a prompt to contact clients with a status report. When you stay on top of your files and provide regular status updates, clients feel like you are engaged, involved, and care about their case.

All Rights Reserved [2016] Beverly Michaelis

 

 

Happy New Year!

What are your New Year’s resolutions?

 

You don’t really have to choose, because in 2016 you’ll see posts on all these topics and more!

STREAMLINE YOUR PRACTICE IN THE NEW YEAR

We begin the year with a Fresh Start.  If you’ve ever felt disorganized or overwhelmed, this post is for you.  No habit or office system is written in stone.  You can make adjustments, update your practices, or create new procedures. For a kickstart, visit this blog tomorrow.

BETTER CLIENT MANAGEMENT

Recommitting to marketing and client retention begins with understanding how to control and relate to clients.  Watch for Turn Over a New Leaf with Better Client Management on January 11.

SHOW ME THE MONEY

Collecting fees is a battle every lawyer fights. In 2016 we’ll revisit fees and fee collection with a look-back to these classics, updated for the new year:

  • The 7 Golden Rules of Collection
  • Can I Double My Fees if the Client Doesn’t Pay?
  • Bartering Legal Services
  • Four Sure-Fire Ways to Get Paid

Speaking of money, be sure to stay tuned on January 25th for Do Lawyers Have an Ethical Duty to Replace Hacked Funds?  Cyber crime is an ever-growing problem.  If you’re hacked and trust funds are taken, are you automatically obliged to make your clients whole?

BETTER TECH FOR EVERYONE

On January 19, we’ll revisit lessons learned at the PLF’s Seamless Client Intake Webinar featuring Lexicata. If you resolved to embrace the cloud or upgrade your tech for 2016, attending this FREE program is a good start.  Registration is closing soon, so if you haven’t signed up yet do so before January 6.  Visit the PLF Website and select CLE > Upcoming CLE.

Happy New Year!

FSRapids

All Rights Reserved – Beverly Michaelis [2016]

The Year in Review – Top Posts in 2015

Thank you loyal readers!  As 2015 comes to a close, here is a look back at the year’s top posts:

Working Effectively – Time Management, Staffing

File Management – What to Keep, What Not to Keep

Marketing, Business Development, and the Attorney-Client Relationship

eCourt

Fees – Getting Paid, Finances, Credit Cards, Trust Accounting

Security

Technology – Macs, TECHSHOW, Office 2016, Windows 10, Paperless, and More

Potpourri

[All Rights Reserved 2015 – Beverly Michaelis]

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

 

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

 

Fresh Strategies and Ideas for Marketing Your Law Firm

Are you looking for fresh strategies and ideas for branding and marketing your practice?  One excellent resource is marketing advisor and social media consultant Nancy Myrland.

I’ve followed Nancy on social media for several years.  I learned quickly that she is a wealth of knowledge, even when limited to 140 characters.

Want to know how to brand your law firm?  Nancy has ideas.  Looking for new strategies in content marketing, here you are.  Is video is the way to go?  Nancy has advice on that topic too.  No surprise, but she also writes about specific social media platforms: Google+, LinkedIn, Twitter, and social media generally.

How can you get access to all this great stuff?  Easy!  Just subscribe to Nancy’s blog or podcast.

Another favorite of mine is Samatha Collier at Social Media for Law Firms. Samantha also has the gift of imparting great advice in 140 characters or less.

Follow Samantha on social media, visit her site, or subscribe to her blog if you want to get started in social media, improve social media engagement, or learn content marketing from one of the best.  Need motivation?  Here are a few topics to pique your interest:

While We’re on the Topic of Marketing

Don’t forget the PLF offers a number of marketing resources on its website. Select Practice Management > Forms > Marketing to access the following:

  • Marketing and Business Development Worksheets [assessing your competition, choosing a niche, crafting an elevator speech, marketing budget, target market contacts]
  • Checklist for Creating a Marketing Plan
  • Sample Marketing Plans
  • Business Development Goal-Setting Checklist
  • White Paper: Marketing and Business Development: Crucial Skills

All Rights Reserved [2015] Beverly Michaelis

Avoiding a #PrimeDayFail With Your Clients

Online retailer Amazon touted last week’s Prime Day as “Black Friday” in July.  Judging by the sales, it was a success.  At the same time, Prime Day was also a huge let-down, leaving many customers angry and frustrated.

The snark was running at full steam on Twitter and other social media sites, generating the trending hashtag: #PrimeDayFail.

What Lesson Can Lawyers Learn From #PrimeDayFail?

Amazon Prime customers were ticked because the sale didn’t match the hype.  Common complaints included:

The end result?  Amazon sold enough Tupperware to turn a profit but also damaged its reputation.

The lesson for lawyers can be summed up pretty simply: control expectations, keep your word – don’t offer a deal you can’t deliver, and remember that appearances matter.  Raising a price on Prime Day doesn’t make Amazon evil, but it doesn’t look good either.  Here are your marching orders:

Manage Client Expectations

  • Assess cases realistically and present them to clients that way.
  • Explain clearly, and confirm in writing, exactly what your legal services will consist of and exactly how the fee will be determined.
  • Confirm all advice in writing, particularly if the client chooses not to follow your advice.  Explain alternatives and their ramifications, and then let your client decide.

Don’t Promise What You Can’t Deliver

  • Complete work as promised, or let the client know why if it cannot be done.
  • Keep the client informed of the progress of his or her case by sending copies of pleadings, correspondence, etc., as well as occasional status reports.

Perception is King – Strive to be Responsive, Timely, Accurate, and Empathetic

  • Keep client appointments promptly.
  • Establish a standard time for returning client calls and responding to email.  Communicate your practices to clients and keep your promise.  The PLF offers administrative brochures and other client relation materials that describe these kinds of policies so clients know what to expect.  Visit our site, select Practice Management, then Forms, and choose the category Client Relations.  If you are unavailable for an extended period, let clients know.
  • Take measures to produce professional work product.  Clients are forgiving of the occasional mistake, but frequent billing errors, typos, and other clerical snafus can cause the client to question your fees, your work, and your integrity.
  • Treat clients with empathy and practice good listening skills.  Often the most important client need you can meet is the need to be heard and understood.  Clients who feel “well taken care of” rarely file a bar complaint or legal malpractice claim.

[All Rights Reserved 2015 Beverly Michaelis]

Are You Losing Clients?

If your client retention rate is less than 90-95%, something is terribly wrong.

You might react by changing your fee agreement – aiming to “punish” the client who terminates your services after a substantial amount of work is done but prior to a recovery.

Unfortunately, this doesn’t solve the underlying problem.  If you fail to keep one in ten (or more than one in ten clients), it is time for some serious soul searching.

Hybrid Fee Agreements Don’t Solve Client Retention Problems

Don’t get me wrong, hybrid fee agreements have their place.  They are very effective in helping lawyers achieve cash flow during long months of toiling away on a contingent fee case.  They are also a creative way to address client push-back against the traditional hourly fee approach.

They are not effective in curing client retention woes.

What Does it Take to Keep Clients?

Improving client retention isn’t rocket science.  In fact, you can do it by following a simple acronym:  TREAT.

T – be Timely

R – Respond to client requests and concerns

E – show Empathy

A – demonstrate Assurance that client matters are being handled competently

T – deliver on the Tangibles.  Don’t send emails, invoices, or correspondence riddled with errors.

Read more about TREATing clients well here.

To simplify: show the same care and concern to your clients that you wish someone would show to you if you were in their shoes.

Remember that Poor Client Retention Can Lead to Bar Complaints and Malpractice Claims

If you need further motivation to kick your client retention up a notch, understand that how you treat clients is connected to everything in your law practice:

  • Client satisfaction and retention
  • Getting paid on time
  • Minimizing fee disputes
  • Future referrals
  • Avoiding bar complaints and legal malpractice claims

Go beyond TREATing clients well.  Do a thorough client relations check-up. This includes understanding the scope of the attorney-client relationship (when you can act and when you need the client’s informed consent) as well as managing client expectations.

Losing Clients on a Regular Basis Just Shouldn’t Happen

I am not currently in private practice, but in regard to client retention, nothing has really changed.

Back in the day, exactly one client terminated our firm.  This particular client read about a case in the news that she judged to be the same as hers.  She then fired us to free herself up to hire the lawyer who handled the case she read about.

In truth, we dodged a bullet when the client made this decision.  She would never have accepted (from us) that her case didn’t have the same value as the one she read about.

I can also share that in all the years I worked for a private law firm, we were on the other side of a client termination exactly once.

My point here is that my firm – and all firms we knew – simply didn’t lose clients.  And this is still true today for the majority of lawyers.  How do I know?

A large part of my job entails helping lawyers or families of lawyers close law practices.   I have been exposed to lawyers who were at the top of their game and lawyers who were not.  I also have a substantial amount of ongoing client contact due to these closures.

The truth is the lawyers need to do a lot wrong, and generally for some period of time, before clients jump ship.  Therefore, you don’t have to follow my client relations tips or suggestions for TREATing clients well 100% of the time.  No one is perfect.  But you should keep clients uppermost in your mind just about every waking moment that you are at work.

We All Know What to Do – Why Can’t We Do It?

None of this is really new.  So why is it so hard?  The number one reason: you are trying to juggle too many cases without the proper resources.  You are practicing beyond your expertise and not weeding out cases and clients; you are practicing within your scope, but your caseload is too high; you are unwilling to invest in staff, technology, or other solutions.

Making money isn’t easy.  As a result, many lawyers skimp.  They try to get by without hiring someone despite the fact they have more work than they can handle.  This trap is referred to as “penny wise and pound foolish.”  Next week I’ll write about how you can make money by spending money and hiring staff.

All Rights Reserved [2015] Beverly Michaelis

 

 

Family Leave for Solos and Small Firm Lawyers

How do solos and small firm lawyers plan for extended leave when a new member is about to join the family?  It can be hard enough to take a vacation!

Fortunately, there are some answers and good resources to draw upon.  (Jump to the end of this post.)  For now, let’s cover the basics.

Colleagues, Conflicts, and Staffing

The best coverage plan entails having a number of colleagues lined up who are willing to cover your cases.  Remember what your parents said?  Safety in numbers!  If one person can’t cover in an emergency, someone else can.  A team approach works best.

By necessity, any lawyers who might work on client matters must be screened for conflicts.  Clients need to be notified anyway about your upcoming leave.  Use this opportunity to get permission to share information for conflict and representation purposes.  (More on this below.)

If you have staff, great!  They are a huge help any time you are away from the office, more so during extended absences.  They will be a lifeline for everyday communication, including screening mail, email, and calls.  If you don’t have staff, consider getting a temp.  Having someone who can cover day-to-day operations brings peace of mind and ensures that nothing falls through the cracks.

How Do I Tell My Clients?

One option is to send a letter or email.  No surprise there.  But is it the best approach?

Most lawyers anticipating family leave have a number of colleagues in mind to assist in covering their cases.  This alone can make writing a letter or email complicated and confusing:  “I’m going to be out of the office, but you can choose from Lawyer A, Lawyer B, or Lawyer C.”  Huh?

Consider picking up the phone instead.  Call clients and tell them you are taking a medical leave and why.  (Of course, you can omit the “why” part – it is personal and technically no one’s business, but most lawyers taking family leave don’t mind sharing this news.)

Have a conversation with the client about what is happening.  Explain your plan, offer a name of a monitoring lawyer (or team of monitoring lawyers), then get consent to screen for potential conflicts and review the client’s case with the monitoring lawyer(s).  If everything is a “go,” make sure the client understands and agrees to temporary representation by the monitoring lawyer(s).  Don’t forget to discuss how the billing and payment piece will work.

If the client does not agree with your proposed arrangement, you may have to disengage and withdraw from the case.  The client will need to find a new lawyer of their choosing.

Confirming Arrangements in Writing

Assuming you call clients to review your plan, sending a confirming email becomes relatively easy:

“As we discussed, I will be out of the office on a medical leave of absence for ___________ (months/weeks).  During my leave, I propose that _______________ monitor your file.  You agree that I may share information with _____________ so (he/she) may screen for potential conflicts of interest. If no conflicts exist, you agree that I may disclose details of your case to ______________________ for purposes of monitoring your file and attending to any legal work that needs to be accomplished while I am out of the office.  If we discover a conflict that prohibits ___________________ from assisting you, I will contact you immediately.

You will receive a separate written confirmation from ___________________ (the monitoring lawyer) confirming the arrangements we have made.

(Describe next how the client will be billed.)

My assistant, _______________, will be available by phone and email should you have any questions while I am out of the office.  (Provide your assistant’s contact information.)

Rest assured I will stay informed regarding the status of your case.  I anticipate returning to the office on ___________.  If for any reason my return is delayed, I will inform you immediately.

(Optional:  Please reply to this email confirming your understanding and agreement to this arrangement.)

Fee Agreements and Paying the Monitoring Lawyer

If your existing fee agreement has a provision informing the client that you have made arrangements for someone to cover your practice in the event of illness or disability you have laid the necessary foundation for using a monitoring lawyer.  The PLF offers a number of fee agreements and engagement letters that incorporate “assisting attorney” language.  For samples, visit the PLF website.  Select Practice Management > Forms, then Engagement Letters.

If your existing fee agreement has a contract lawyering provision – meaning the client has consented to use of a contract lawyer at a specified rate – it is easy to have the monitoring lawyer step into the contract role.  You may bill the client for contract lawyering services according to your existing fee agreement.

Alternatively, clients can sign separate fee agreements with the monitoring lawyer.

More Answers and Good Resources

There are many excellent articles and resources for lawyers planning family leave:

[All Rights Reserved – 2015 – Beverly Michaelis]