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.

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]

What to do After a Data Breach

A data breach is a traumatizing event, regardless of how it occurs, and this has been a particularly active summer for thieves and scammers.

In the past 12 months, Oregon lawyers have reported home and office break-ins, stolen laptops and mobile devices, and malware security intrusions.  If you experience a data breach, here are the key steps you must take:

  1. Contact an IT expert NOW before you pass go.  The scope of the intrusion may reach beyond your stolen mobile device or the specifically infected computer. Until you know better, assume that all connected devices are part of the data breach. This might include your desktop computer, your assistant’s computer, your server, mobile devices used to access your network, and your home computer if you connect remotely to your office.  Fixing security issues will require sleuthing, finding a solution to the problem, protecting existing data and devices not affected by the breach, testing security solutions, and potentially preserving forensic evidence.  Don’t try to DIY!
  2. Change vulnerable user names and passwords.  At the first indication of a data breach, you won’t know exactly what went wrong – only that your information, or your clients’ information, has been been compromised.  With your IT expert’s help, get access to a secure computer to change vulnerable user names and passwords.  [If you modify your login credentials while a keylogger resides on your system, you’ve made the situation worse by supplying the hacker with your newly replaced user names and passwords.]
  3. File a police report.  Realistically, this isn’t likely to help.  However, it may be required under the Oregon Consumer Identity Theft Protection Act [ORS 646A.600- 646A.628] or the terms of your insurance/coverage policy.
  4. Report the breach to your property manager.  If the breach occurred in connection with an office break-in, inform the property manager as soon as possible.  Broken windows and locks should be fixed immediately to avoid further loss.  If you believe inadequate security may have played a role in the break-in, it may be appropriate to assert a claim against the management or building owner. Research the issue or speak to outside counsel. Document your property loss and consider getting a commitment in writing about security improvements.
  5. File claims with commercial carriers.  Submit claims to any applicable insurance carriers: cyber liability and data breach, commercial liability, or others.
  6. Contact the Professional Liability Fund.  If you are an Oregon lawyer, contact the PLF. Beginning in 2013, the PLF added a Data Breach and Cyber Liability Endorsement to all excess coverage plans. The endorsement provides coverage for information security and privacy liability, privacy breach response services, regulatory defense and penalties, website media content liability, and crisis management and public relations services. The endorsement covers many claims that would otherwise be excluded.
  7. Contact the Oregon State Bar.  The OSB General Counsel’s office can give you advice about the ethical implications of a data breach.
  8. Report identity theft to the FTC.  If you are the victim of identity theft, file a report with the FTC as soon as possible.  Review the FTC website for other steps not discussed here [reporting a misused social security number, removing bogus credit charges, replacing government-issued identification cards].
  9. Freeze or place fraud alerts on credit accounts.  A freeze literally locks down your credit. No credit transactions can be authorized until you lift the freeze, temporarily or permanently.  Fraud alerts inform you if someone is attempting to obtain new credit in your name.  Learn more about credit freezes and alerts here.
  10. Protect bank accounts, credit cards, and debit cards.  If banking, credit card, or debit card information was exposed in conjunction with the data breach, you may want to freeze your bank accounts [personal, general, IOLTA]; arrange for fraud protection services; or close your accounts altogether.  Talk to your banks and credit/debit card providers.  If you have automated payments tied to former bank accounts, credit or debit cards, be sure to update your information.  This includes payment accounts associated with federal or state court eFiling systems.  Continue to monitor statements for unauthorized transactions.
  11. Notify clients.  This is never easy, but clients must be informed if confidential information has been compromised. A sample notification letter is available on the PLF website.  Select Practice Management > Forms > Client Relations > “Notice to Clients re Theft of Computer Equipment.”  If you have questions about your ethical duties toward clients, speak to OSB General Counsel [see step 7 above].  Additionally, client notification may be a statutory responsibility under the Oregon Consumer Identity Theft Protection Act [ORS 646A.600-646A.628].
  12. Begin reconstructing files if needed.  Lawyers who are straightforward about an office break-in or theft often find that clients are sympathetic, understanding, and more than willing to help.  With a bit of luck, you should be able to reconstruct most or all of your files from your backup or documents supplied by clients.
  13. Monitor your credit report.  Check your credit reports at annualcreditreport.com for signs of fraud.  Annualcreditreport.com is the only official source for free credit reports authorized by the Federal Trade Commission.
  14. Monitor Craigslist.  If you believe a thief has posted your property for sale, inform police.
  15. Start using encryption.  Read “Encryption Made Simple for Lawyers” as a starter, then check out these resources from the ABA Legal Technology Resource Center. For reviews of encryption products, check out LawSites.  [In the navigation pane on the right, scroll midway down the page to Search LawSites.]  If you want an encrypted password manager – a very good idea – see these top picks for 2015.  Shopping for a new laptop?  Don’t forget that hard drive encryption is automatically built into the MacBook.  Using Windows OS? Sorry, you’ll need to buy your own encryption software.  If all this seems overwhelming, talk to your IT expert.
  16. Backup, backup, backup!  Online backup services are a great way to automatically back up data.  Read more about backup protocols and available resources on the PLF website. Select Practice Management > Forms  > Technology > “How to Backup Your Computer” and “Online Data Storage.”
  17. No cyber liability or data breach coverage?  Buy it!  If your claims weren’t covered, purchase cyber liability and data breach insurance to protect against future loss – privately or through the PLF  as part of our excess program.  [See item 6 above.]
  18. Stay vigilant.  Fixing a data breach does not mean that scammers or hackers will stop.  Watch out for phishing attempts.  Don’t click on suspicious links in emails, texts, or social media messages.  I’ve written over 20 blog posts on the subject of scams. To find the posts, visit my blog’s landing page. In the search box in the upper right corner, enter “scam.”  You’ll also find seven In Brief articles on the PLF website.  Select Practice Management > Publications > In Brief and enter “scam” in the search by keyword or year box.  See also Jennifer Meisberger, “Sophisticated Scams: Protect Your Clients’ Money,” Oregon State Bar Bulletin (June 2015) and the PLF CLE, Protecting Your Firm and Your Client from Scams, Fraud, and Financial Loss.

All Rights Reserved [2015] Beverly Michaelis

Getting Your Head into the Cloud

Whether you’re setting up a practice for the first time or upgrading existing technology, odds are you’re taking a long, hard look at the cloud. Here is a checklist to help you through the process.

Getting Started

Moving your data to the cloud is all about vetting the cloud provider – will they or won’t they keep your client information secure?  Here are your marching orders:

Research the Provider

  1. What is their reputation?
  2. How many years have they been in business?
  3. Are bloggers and news outlets critical or supportive?
  4. Can the provider give you a list of other lawyers who use their product?  (If so, check the provider’s references.)
  5. Talk to friends and colleagues: are they familiar with the product or provider?  What are their thoughts?
  6. If you belong to a listserv, poll the members of the listserv.
  7. Use the power of Google to reveal problems.  A general search using the product or provider name is a good start.  To uncover security issues, Google the product or provider name followed by the words “security concerns” or “data breach.”  To reveal if outages are a problem, search the product or provider name followed by the words “downtime statistics.”

Evaluate Speed and Reliability

Uptime, bandwidth, and general reliability of the Internet matter.

  1. Check on provider uptime statistics as part of your general research – see the discussion above.
  2. Make sure your technology is up to the task.  To use the cloud effectively you must have a fast, reliable Internet connection. If you don’t, contact your ISP.  If there is a remedy (and you can afford it), great.  If not, taking your practice into the cloud is likely not a good choice.

Read the Fine Print

  1. Dig into the provider’s website and follow any links that reference Terms of Service, Terms of Use, Privacy Policy, Security, or Service Agreements.
  2. Contact customer service for clarification of terms if needed.

Educate Yourself about Encryption

Every cloud provider encrypts your data.  The devil is in the details:

  1. Is your data encrypted at all times (in transit and at rest)?
  2. Does the provider hold a master encryption key?  (If so the provider can access your data at any time, thus defeating client confidentiality.)
  3. Is third-party encryption an option?  If the answer is yes, you can lock out the cloud provider.  A master key only permits the provider to unlock their encryption, not yours.  With third-party (AKA client-side) encryption, you – the user – apply your own encryption software before uploading any content to the cloud provider’s site.  Here’s the rub:  encrypting your own content isn’t always an option for compatibility reasons, so check with the provider.

Learn about Data Access Policies – “Authorized” and “Unauthorized”

Getting an answer to the master encryption key question will resolve whether the provider’s employees can freely access your information.  Now you need to ask:

  1. Will the provider notify you if authorities seek access to your account information?  (Some providers comply with subpoenas first and tell you about it later.)
  2. What is the provider’s procedure if a data breach occurs?

Know Before You Go: Security, Backups, Redundancy, and Local Copies of Your Data

  1. Find out what the provider has to say about the physical security of its facilities.  Features like fire suppression, redundant electrical systems, temperature controlled environments, video surveillance, and 24/7 monitoring by security personnel are standard.
  2. Learn everything you can about how your data is backed up. Where, when, and how.  A decent cloud provider has multiple servers that are geographically dispersed.
  3. Consider it a deal breaker if you can’t download a local copy of your own data. Keeping a local copy just makes sense.  First, it protects you if the provider goes out of business (some have).  Second, if the provider suffers a catastrophic breach you’ll still have a pristine copy of your information.  [Caveat: ability to download a local copy of your data does not mean you can work with it offline.  This is simply a way to protect yourself in a worst case scenario.]

Nail down the Details: Support, Training, Data Migration, and Data Integration

Cloud products are generally pretty easy to use, but at some point you’ll need help – maybe at the outset when you import your data – or later when you start using more advanced features of the program.  Either way, ask:

  1. Does the provider offer live telephone support?  Live chat?  Email?  What are the hours?  Is it free or is there a support contract?
  2. What resources does the provider have on its website?  Searchable knowledge base?  User forums?  Blog?  Training videos?  Webinars?
  3. Will the provider help you migrate your existing data?  Are you on your own?  If there is a fee for data migration, get an estimate.
  4. What about product compatibility and integration?  Some users need the cloud product to communicate with an existing piece of software, like QuickBooks or Outlook.  [Tip: don’t just take the cloud provider’s word for it.  Run another Google search: Is (cloud product name) compatible with (existing program)? If the blogosphere has spotted issues, you’ll uncover them quickly enough.

Product Cost and Licensing

Most cloud products are sold on a monthly subscription basis.  Do a bit of research:

  1. What is the current fee per user?  Any price breaks for multiple licenses?
  2. Research historic costs.  If monthly fees have jumped significantly in the recent past, factor this into your choice.
  3. Are product upgrades or new features included in existing subscriptions or is there an additional fee?
  4. What does a single license or a single user account include? Some providers are strict: one user/one license/one device.  Others are more flexible: one user/one license/multiple downloads: desktop, laptop, tablet.

Choose the Right Version

If your cloud provider offers multiple packages or products, proceed cautiously.

  1. Look for a Web page on the provider’s site that will compare the features of each version side by side.
  2. Call customer service when in doubt.
  3. Take advantage of free trials, which are almost universally available. A trial run is the best way to know whether you’re really going to like something.

Cyber Liability and Data Breach – What if the Worst Happens?

If you’ve decided to store your data in the cloud, it might be a good idea to have cyber liability and data breach coverage.

The Professional Liability Fund Excess Claims Made Plan automatically includes a cyber liability and data breach response endorsement with these features:

  • Forensic and legal assistance to determine compliance with applicable law
  • Notifications to individuals as required by law
  • 12 months credit monitoring to each notified client
  • Loss mitigation resources for law firms

If you aren’t eligible or don’t wish to purchase excess coverage through the PLF, contact a commercial carrier.

This is Too Much Work – Can’t You Just Tell Me What to Do or Give Me a List of Recommended Products?

No.  I can’t make this decision for you.  You and I have different likes, dislikes, needs, skill levels, and preferences.  (Think: Windows vs. Mac, Word vs. WordPerfect, or Mayonnaise vs. Miracle Whip.)

If you want to be happy with your choice, you have to make it.  We can talk, I can point you toward resources, or send you comparison charts.  But in the end you are the decider.

[All Rights Reserved 2015 Beverly Michaelis]

 

The Standard for Email Communications

What is the standard for electronic client communications?  Can lawyers freely use email, without a worry or care about encryption?

In “Odds & Ends – Safeguarding Client Information in a Digital World,” Oregon State Bar General Counsel Helen Hierschbiel sets us straight:

The first ethics opinions that addressed the use of electronic communications prohibited lawyers from using cell phones and unencrypted e-mail…. More recently, ethics authorities condone the practice, recognizing that the expectation of privacy in these modern methods of communication is comparable to and as reasonable as that of older methods of communication. For example, ABA Formal Ethics Op 99-413 (1999) states:

E-mail communications, including those sent unencrypted over the Internet, pose no greater risk of interception or disclosure than other modes of communication commonly relied upon as having a reasonable expectation of privacy… The risk of unauthorized interception and disclosure exists in every medium of communication, including e-mail. It is not, however, reasonable to require that a mode of communicating information must be avoided simply because interception is technologically possible, especially when unauthorized interception or dissemination of the information is a violation of [the law].

Does this mean lawyers get a free pass to use unencrypted email?

The answer is no, as Helen points out.  Special precautions need to be taken if:

  • The information to be transmitted is particularly sensitive
  • The contents of the email are subject to a confidentiality agreement
  • The client instructs the lawyer to avoid using email

Can a client waive the security risks associated with unencrypted email?

Yes.  “If a client requests it, a lawyer may … be allowed to use … a particular type of electronic communication notwithstanding expectations of privacy in the communication method.”

What role does metadata play?

As Helen notes, metadata may be a bigger danger than unauthorized interception of email  messages:

[C]ompetent representation requires that lawyers understand what information may be hidden in documents that they plan to send by e-mail so that appropriate steps can be taken to protect against inadvertent disclosure of what could be confidential or sensitive information. See, e.g., Arizona Ethics Op 07-03(2007) (lawyer must take “reasonable precautions” to prevent communication of metadata containing client information) and ABA Formal Op 06-442.

Since Helen’s article was published, Oregon has issued its own metadata opinion: Competency: Disclosure of Metadata, OSB Formal Opinion 2011-187.

Where does this leave us with encryption?

If your clients have consented to use of unencrypted email (or don’t care) and your messages are not particularly sensitive or subject to a confidentiality agreement, why should you give a whit about encryption?  In a phrase: ease of use.

What used to be difficult is no longer.

In the article “Encryption So Easy a Lawyer Can Do It,” Bob Ambrogi discusses three incredibly simple solutions that allow lawyers to send encrypted messages.  No more clunky interface requiring the sender to transmit keys before the recipient decrypts the message.  No more need for both parties to use the same software.  (Although a simple plug-in may be needed, depending on the software you choose.)

With secure cloud-based solutions like Enlocked, Virtru, or Delivery Trust from Identillect, Ambrogi concludes:

What all three programs have in common is that they make encryption as easy as the push of a button.  If you use email to communicate with clients or colleagues about sensitive matters – and what lawyer does not? – you have no excuse not to encrypt.”

 [All Rights Reserved 2015 Beverly Michaelis]

What Should I Do About Lost or Stolen Client Files?

imagesIs there any worse feeling than having your briefcase or laptop stolen?

While it can be hard to bounce back from such an experience, there are immediate steps you should take  if you discover that confidential client files have been compromised.

  1. File a police report.
  2. Don’t risk your personal safety. While Find my iPhone and MyLaptopGPS can track lost or stolen mobile devices and laptops, leave the police work to the police.  Do not confront the thief.
  3. If your laptop or mobile device is missing or stolen, notify your IT department.
  4. Change your network user name and password.
  5. Consider changing your user name and password for all accounts – anything you access via the Web.
  6. Check lost-and-found if applicable.  Believe it or not, laptops, devices, and briefcases get turned in by honest citizens.  Don’t give up until you try.
  7. Monitor Craigslist.  If you believe a thief has posted your property for sale, inform police.
  8. Contact your business insurance or liability carrier.  Property, valuable papers, or data breach coverage may cover the cost of replacing your laptop or reconstructing files. Beginning in 2013, the PLF added a Data Breach and Cyber Liability Endorsement to all excess coverage plans. The endorsement provides coverage for information security and privacy liability, privacy breach response services, regulatory defense and penalties, website media content liability, and crisis management and public relations services. Read more here.
  9. Inform your clients.  This is never easy, but clients must be informed if confidential information has been compromised. A sample notification letter is available on the PLF website.  Select Practice Management > Forms > Client Relations > “Notice to Clients re Theft of Computer Equipment.”
  10. Begin reconstructing your file.  Lawyers who are straightforward about an office break in or theft often find that clients are sympathetic, understanding, and more than willing to help.  With a bit of luck, you should be able to reconstruct most or all of your file from your backup or documents supplied by clients.
  11. Going forward, consider storing passwords or other sensitive information in an encrypted password manager.
  12. Backup, backup, backup!  Online backup services are a great way to automatically back up your laptop’s data.  Read more about backup protocols and available resources on the PLF website. Select Practice Management > Forms  > Technology > “How to Backup Your Computer.”
  13. If the theft occurred during an office break in, reassess building security. Talk to the building owner or property manager about alarms, surveillance, or other measures.
  14. Learn more by reading Protect Confidential Files – It Helps!
  15. Call your friendly Law Practice Management Advisor for help.

Cyber Security and Data Breach Response

lock“Cyber threat is one of the most serious economic and national security challenges we face as a nation.”  Barack Obama, President of the United States

The Identity Theft Resource Center has documented over 500 data breaches in 2014 through early September.  This represents a 26.2% increase over the same time period last year. The news isn’t any better for the legal profession.

The latest ABA Legal Technology Survey Report notes that “Nearly half of law firms were infected with viruses, spyware or malware last year.”  Fourteen percent of law firms “experienced a security breach last year in the form of a lost or stolen computer or smartphone, a hacker, a break-in or a website exploit.”

Where to Start

With such staggering numbers, it is easy to become overwhelmed.  If you are concerned about cyber security but don’t know where to start, begin here at the ABA Web site. If you are a prolific user of mobile devices, be sure to check out the ABA’s suggestions for Security on the Go.  To understand the state of security in US law firms, read this post by Bob Ambrogi.

Make Encryption Your Best Friend

Encryption is a powerful way to protect sensitive data belonging to you and your clients. The ABA post Playing it Safe provides a good overview.  Since TrueCyrpt is no longer available, check out the following reviews of encryption software: LIfehacker, GFI, PC World, and Gizmo.

You’ve Heard it Before: Use Strong Passwords

It seems we are reminding lawyers every other day about the importance of using strong passwords unique to each account or Web site.  See these recent posts on the ABA Law Technology Today blog:

Firewalls, Anti-Spam, Anti-Virus, Malware Protection

The best protection is comprehensive.  This excerpt from The 2014 Solo and Small Firm Technology Guide provides guidance.  Don’t be afraid to hire an IT expert to help.

Purchase Cyber Liability and Data Breach Coverage

The Professional Liability Fund (PLF) Excess Claims Made Plan automatically includes a cyber liability and data breach response endorsement with these features:

  • Forensic and legal assistance to determine compliance with applicable law
  • Notifications to individuals as required by law
  • 12 months credit monitoring to each notified client
  • Loss mitigation resources for law firms

If you aren’t eligible or don’t wish to purchase excess coverage through the PLF, contact a commercial carrier.

Protect Yourself Against Scams

The security measures outlined above are a good start toward protecting your firm and your clients from scams.  For more complete protection, get educated.  Order the free PLF CLE: “Protecting Your Firm and Your Client from Scams, Fraud, and Financial Loss,” and talk to your bank about fraud protection services.

[All Rights Reserved – 2014 – Beverly Michaelis]

 

 

The State of Law Firm Security

Viruses are More Common at Law Firms than Encryption, ABA Survey Shows

Firms-with-virus

“Nearly half of law firms were infected with viruses, spyware or malware last year, according to the latest ABA Legal Technology Survey Report. At the same time, only a quarter of law firms had any kind of email encryption available for their lawyers to use, the survey found.

Also, 14% of law firms experienced a security breach last year in the form of a lost or stolen computer or smartphone, a hacker, a break-in or a website exploit.”

Bob Ambrogi

Read the full post here.

Leaving Your Firm

Parting isn’t always such sweet sorrow.  In fact, it can be downright contentious.

If you are contemplating leaving your firm, do your research. Meeting your ethical obligations fulfills only part of your responsibilities.

IF YOU ARE A PARTNER

Conduct your partnership withdrawal in a manner that honors the contractual and fiduciary responsibilities owed to your fellow partners.  Contractual duties are controlled by your written partnership agreement.  Fiduciary duties are described in case law and codified by statute in Oregon’s Revised Partnership Act.

IF YOU ARE NOT A PARTNER

Review your employment contract, employment letter, office policies, office procedures, or any other applicable terms that may control the process for terminating your relationship with your current firm or your obligations upon departure.

ARE ISSUES LIKELY TO ARISE?

Consult outside counsel experienced in the areas of lawyer mobility, partnerships, fiduciary duties, lawyer separation, and law firm dissolution.

PUT CLIENTS ABOVE ALL ELSE

If you are making a lateral move to another firm or setting up your own practice, remember that the client’s freedom of choice in selection of counsel is paramount.  Always put the interests of your clients first.  Keep the transition as amicable, professional, and stress-free as possible.  Contentious withdrawals alienate clients and damage relationships.

GIVE NOTICE TO YOUR FIRM BEFORE YOU CONTACT CLIENTS

Inform the firm of your decision to leave before contacting any clients.  Failing to give adequate and timely notice to your firm or partners before you contact clients is a violation of the duty of loyalty owed by a lawyer to his or her firm based on their contractual or agency relationship.  It may also constitute conduct involving dishonesty, fraud, deceit, or misrepresentation in violation of Oregon RPC 8.4(a)(3).

RESOURCES

The Professional Liability Fund has extensive resources for Oregon lawyers who are departing a firm, withdrawing from a partnership, or dissolving a firm.  Visit our Web site for more information.

All rights reserved [2014] Beverly Michaelis.

 

 

Free Shred Days: Pendleton, Astoria, Grants Pass

The Professional Liability Fund is expanding its free shred events statewide for Oregon lawyers.  We will be in the following cities in August:

  • August 2 – Pendleton
  • August 9 – Astoria
  • August 23 – Grants Pass

For details, including start time and directions to the shred events, check your email inbox.  Broadcast emails will be sent soon to lawyers in eastern Oregon, the northern Oregon coast, and the south valley.

Shredding generally continues until the trucks are filled to capacity.  Please respect the box per firm limit so we can provide this service to as many regional law firms as possible.  You must wait until your material is shredded and retrieve your boxes.  We cannot dispose of cardboard.  Paper clips and binder clips can be shredded, but 3-ring binders cannot.

shred

If you have any questions about the upcoming shred events in Pendleton, Astoria, or Grants Pass, please contact DeAnna Shields at 503-639-6911, ext. 440 or deannas@osbplf.org.

Free shredding services are provided courtesy of the PLF and Blue Mountain, Clatsop County, and Rogue Community Colleges, respectively.  Mobile shredding trucks from Recall, the PLF’s document management company, will be shredding the materials on site.