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



Avoiding Malpractice When Filing and Serving a Complaint

There are many potential pitfalls when it comes to filing and serving complaints.  Learn from the best by reading the top tweets cultivated on Storify from our
June 3 CLE, Avoiding Malpractice When Filing and Serving a Complaint.  Click on the image below or follow this link.


All Rights Reserved [2015] Beverly Michaelis

Your Engagement Letter is Not a “One Size Fits All” Bucket

What a Good Engagement Letter Can Do

Engagement letters are an essential tool in the lawyer’s toolkit.  Done correctly, they set the stage for the lawyer-client relationship, provide clarity, and minimize misunderstandings.

The best engagement letters follow a predictable formula:

  • A specific description of the legal problems the lawyer will handle
  • A specific description of the legal problems the lawyer will not handle
  • Steps the lawyer has taken already on the prospective client’s behalf
  • Steps the lawyer will take, once engaged
  • Steps the clients must take for engagement to commence
  • Future or ongoing client responsibilities

Combine Your Fee Agreement and Engagement Letter for Maximum Effect

Ideally, the terms of engagement are wrapped into the lawyer’s fee agreement.  This simplifies the process – the client need only review a single document to know what the lawyer will do, how much it will cost, and what the client’s responsibilities are.

Create Templates for Efficiency

Practitioners can streamline the engagement process fairly easily. While some terms will vary, most of these letters contain enough boilerplate for a lawyer to benefit from creating forms or templates.  [Rewriting an engagement letter/fee agreement for each client is a real time-waster.]

Don’t Fall Into the “One Size Fits All” Bucket

Some lawyers attempt to use their engagement letter as a one size fits all bucket.  For inspiration, they look to every case where a transaction or engagement went awry and proceed to add disclaimers to ward off future problems.  For example, lawyers who handle matters where property valuation is an issue may add language to the initial engagement letter forewarning the client of the need to obtain an appraisal.

How Could this be a Bad Thing?

  • Multiple disclaimers make for longer, more complicated engagement letters and fee agreements.
  • The longer and more complicated your letters are, the more likely the client will miss the key points:  what you are going to do (or not do) and what it will cost.
  • In the end, it could all be for naught if the goal is to avoid a potential legal malpractice claim….

Which Approach is More Effective?

Lawyer 1 incorporates a disclaimer into his engagement letter forewarning the client: if property value becomes an issue in this case it will be client’s responsibility to obtain an appraisal.  Without an appraisal, client assumes the risk of under (or over) valuing said property.  Lawyer 1 proceeds with representation, relying on the disclaimer in his initial engagement letter.

Lawyer 2 limits her engagement letter to the usual points discussed at the beginning of this post.  When the value of property becomes an issue in the case, lawyer informs the client of client’s responsibility to obtain an appraisal and the risks of failing to do so.

Keep it Contemporaneous

This is a no-brainer.  Disclaimers given at the beginning of representation don’t have the same value as disclaimers given contemporaneously.  Clients need context to make sense of your warning.  At the beginning of the case, there is no context.  Even if the client nods and understands, the disclaimer in your engagement letter will be long forgotten by the time the property issue arises.

Parting Thoughts

A well-written engagement letter and fee agreement is all about balance.  Include sufficient information about the scope of your work, division of responsibilities, and what your services will cost, but don’t fall into the trap of trying to disclaim or forewarn of everything that could ever go wrong.  If helpful, consider developing a client handout that addresses common issues or questions that arise.  Give specific disclaimers and warnings contemporaneously when the client can put the information into context.

[All Rights Reserved 2015 Beverly Michaelis]



Pro Se Adversaries – Tips for New Lawyers

Dealing with a pro se party raises a number of reasonable concerns:

  • The pro se could misconstrue what I say
  • The pro se may regard me as his or her lawyer
  • The pro se could sue me for legal malpractice

Communicate in Writing Whenever Possible

When you communicate verbally, a pro se can misremember your words, misconstrue your meaning, or even deny the discussion occurred.

When you communicate in writing your words are documented.  It becomes impossible to “misremember” or deny what you said.  Yes, written communication can still be misconstrued, but there is less likelihood of this happening.

Use a 3-Way Disclaimer

  • “I don’t represent you.”
  • “I can’t give you legal advice.”
  • “If you have questions, hire a lawyer.”

Every pro se communication should include this type of disclaimer.   If the pro se party later argues you had a lawyer-client relationship or attempts to assert a legal malpractice claim on the grounds that you failed to protect her interests, you will be in a better position to defend yourself.

Be a Broken Record

The 3-way disclaimer must be used every time you communicate with a pro se.  Does it become repetitive?  Perhaps, but that doesn’t matter.  Some pro se adversaries “get it” from the beginning; some “get it and forget it;” some never “get it.”  This doesn’t mean the pro se is purposely trying to make your life more difficult.  But it does underscore the value of redundancy.

Practice Tips Beyond Pro Se Communication

For more tips on how to work with pro se adversaries, peruse the following:

[All Rights Reserved 2015 Beverly Michaelis]

Ending the Attorney-Client Relationship

Calling all Oregon lawyers: are you taking advantage of your right to file a “notice of termination of relationship?”

ORS 9.380(2) was amended in 2011 to allow withdrawal by filing a simple notice, provided two conditions are met. First, the case must be concluded, meaning a final determination or judgment has been entered. Second, all services required of the lawyer under the fee agreement must be complete.

“The relationship of attorney and client may be terminated after the entry of a judgment or other final determination in an action or proceeding by the filing of a notice of termination of the relationship in the action or proceeding. The notice must be signed by the attorney and must state that all services required of the attorney under the agreement between the attorney and the client have been provided.”

The amendment eliminates the step of filing a formal motion with the court.

Why You Should File Notices of Termination

Take advantage of ORS 9.380(2) at the conclusion of your cases. File a notice of termination and remove yourself as attorney of record. This is especially important in practice areas where matters could reopen or require future steps.  Family law is notorious for post-judgment activity (contempt actions, modifications, and the like).  Criminal law practitioners may or may not be responsible for filing motions to dismiss when a one-year diversion agreement is completed.  If your agreed-upon services do not include filing the dismissal, withdraw. ORS 9.390 makes clear you are on the hook until the notice is filed:

“When an attorney is changed, or the relationship of attorney and client is terminated, as provided in ORS 9.380, written notice of the change or termination shall be given to the adverse party. Until the notice is given, the adverse party is bound to recognize the former attorney.”

Comply with the Rules of Professional Conduct

Satisfying ORS 9.380(2) isn’t the only step.  You must also comply with the Rules of Professional Conduct.  Oregon RPC 1.16(d) provides:

“Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred. The lawyer may retain papers, personal property and money of the client to the extent permitted by other law.”

At the conclusion of a case, the timing issues may be less critical – assuming the client does not wish to purse an appeal – but the remainder of the rule must be followed.  To learn more about this topic, and how to properly disengage, see: How to Fire a Client.

[All Rights Reserved 2015 Beverly Michaelis]



Avoiding eCourt – Waivers and eFiling “Lawyer Buddies”

Oregon eCourt is nothing less than revolutionary.  It is transforming how we file pleadings, meet deadlines, pay filing fees, and access court documents.  For those who were hoping to retire or transition to another career before eCourt became mandatory, the change is especially rough.

Initially, eCourt requires an investment – buying a scanner and purchasing software.  It also demands that lawyers learn new technology and adapt to changing court rules and practices.

If you are on the cusp of making a transition away from the private practice of law, but fall within the boundaries of mandatory eCourt, you may want to delegate this task – or find an eFiling lawyer buddy.  Before you do, consider the following:

Is it ethically permissible to delegate eFiling?

Short answer: Yes, qualified.  (Read the remainder of this post.)

Whether you use an eFiling lawyer buddy (contract lawyer who tends to the eFiling responsibilities of the case) or a non-lawyer staff person, you have the right to give others access to your eFiling account.

On November 19, 2014, I co-presented the OSB-PLF CLE, Oregon eCourt Update, with Daniel Parr from the Oregon Judicial Department (OJD).  At that CLE, the following questions were posed:

Q: Should an assistant be the Administrator and then the Attorney be under that same registration? Or should a legal assistant have a separate account?

A: In general this decision is up to you. Your group should register as a firm or as a unit on the system, even if you are a solo practitioner. You can choose who to assign as a firm administrator, and this can be multiple individuals. Some firms have chosen to have staff log into attorney accounts, and other firms have chosen to have the staff set up accounts directly.

Q: Are there any ethical issues with having non-attorney staff handle filings?

A: Staff are permitted to assist with this process, and non-attorney staff are already eFiling on behalf of attorneys. Obviously it is up to the attorney to review and supervise any work done by non-attorneys, and the attorney is responsible for the result.

While we did not explicitly receive a question about using a contract lawyer to handle eFilings, the result is the same – contract lawyers (eFiling lawyer buddies) are permitted to eFile on behalf of the attorney of record.  As attorney of record, it is up to you to supervise your eFiling lawyer buddy, and you are responsible for the result.  There are some other considerations, discussed below.

Is it possible to avoid eFiling entirely?

Short answer:  Yes, upon “good cause” shown, with the court’s permission.  Any lawyer can apply for a waiver of the eFiling requirement.  The waiver may apply to an existing (singular) case (UTCR 21.140(3)(a)(ii)) or all cases in a given judicial district for a specific period of time. (UTCR 21.140(3)(a)(i)).  Lawyers seek a waiver for an existing case by filing a motion; for all cases in a specific judicial district by filing a petition.

If the court grants a petition waiving the eFiling requirement in a specific judicial district, “the person obtaining the waiver must file a copy of the court’s order in each case subject to the waiver; and include the words “Exempt from eFiling per Waiver Granted [DATE]” in the caption of all documents conventionally filed during the duration of the waiver.” (UTCR 21.140(3)(d) and (e)).

Using an eFiling lawyer buddy (contract lawyer)

If you decide to use a contract lawyer to eFile your cases, follow these guidelines:

  • Put it in writing.  As with all contract lawyering arrangements, document in writing the scope of the agreement, method of compensation, and other details.  For assistance with establishing contract lawyering relationships, see the checklist and documents available from the Professional Liability Fund (PLF).  On the PLF website, select Practice Management > Forms > Contract Lawyering.
  • Assess PLF coverage implications.  If the eFiling lawyer buddy is claiming an exemption from PLF coverage, he or she cannot operate independently and “take over” eFiling responsibility.  Contract lawyers who are exempt from coverage must function under PLF guidelines.  (For details, visit the PLF website.  Select Assessments & Exemptions > Exemptions, then “Law Clerk/Supervised Attorney Not Engaged in the Private Practice of Law.”)
    Your eFiling lawyer buddy is likely to be safe if she restricts her role to that of an assistant or secretary: uploading documents at the attorney of record’s direction, following the attorney of record’s instructions in selecting a filing code, etc.  The more independent your eFiling lawyer buddy becomes, the more likely she could be viewed as acting beyond the scope of the PLF contract lawyering exemption (if in effect).  The simple workaround: your eFiling lawyer buddy (aka contract lawyer) can obtain PLF coverage for more freedom in executing her duties.
  • Understand the acceptance/rejection process. As you define the scope of the eFiling lawyer buddy’s responsibilities, consider who will be responsible for processing and responding to acceptance and rejection notices issued by  (Oregon’s eCourt vendor.)  For example, if the attorney of record eFiles a complaint on the day the statute runs and her filing is rejected, who will refile and seek relation-back?
    It stands to reason that each time an eFiling lawyer buddy files a document for the attorney of record, she needs to be engaged and available to assist with the filing until an acceptance or rejection notice is issued. This can take up to a week.  Specific terms should be added to the written contract lawyering agreement that address the eFiling lawyer buddy’s responsibility in rejection situations.  (Note: the attorney of record can instruct her eFiling lawyer buddy to add himself as a contact in order to receive acceptance/rejection notices generated by
  • Understand the court notice process.  Some lawyers who are tempted to hire an eFiling lawyer buddy might be operating under the misapprehension that they can completely avoid all associated technology.  However, court notices from the Oregon Judicial Department are sent only to the “filer,” in this case, the attorney of record.  The attorney of record is responsible for reviewing and acting upon court email on a timely basis.
  • Limit account access.  By necessity, an eFiling lawyer buddy will need access to the attorney of record’s eFiling account (Odyssey) operated by Tylerhost/Tyler Technologies. But this access can (and should be) limited in writing.  The eFiling lawyer buddy should only use the attorney of record’s eFiling account as needed, and at the express direction of the attorney of record.
  • Limit credit card access.  Ideally, the attorney of record will create the eFiling (Odyssey) account and enter the credit card information needed for payment of filing fees.  If the attorney of record needs assistance, she can call the Tyler Technologies support number and/or use the “GoToAssist” feature, allowing Tyler Technologies to take control of her computer to establish the account. This limits the eFiling lawyer buddy’s access to the attorney of record’s credit card account information.  Once the credit card information is entered, the eFiling lawyer buddy simply selects the payment account to pay filing fees.  If the eFiling account is configured properly, the eFiling lawyer buddy will not be able to see the credit card information.  The attorney of record should be the “administrator.”  The eFiling lawyer buddy should be a “user.”  Support staff at Tyler Technologies can help attorneys of record set up accounts using these distinctions.
    To further protect herself, the attorney of record should dedicate a specific credit card to use in paying eFiling fees.  By establishing a credit card solely for this purpose, it will be very easy to spot whether there is any inappropriate activity on the account.  The only charges that should ever appear on attorney of record’s billing statement are filing fees payable to OJD.
  • Provide proper supervision.  Regardless of how duties are divided, the real responsibility here still falls on the attorney of record.  This scenario presumes that the eFiling lawyer buddy’s role is to act only as a technical specialist.  The attorney of record must be sure at all times that eFiling lawyer buddy is doing his job.  The eFiling lawyer buddy is not responsible for the content or accuracy of documents filed; nor is it eFiling lawyer buddy’s responsibility to monitor filing deadlines.
  • Be aware of ethics traps in determining compensation. The attorney of record can cover the cost of using the eFiling lawyer buddy out of his own pocket as a cost of doing business.  If the attorney of record intends to bill clients for eFiling lawyer buddy’s services, the clients must consent.  The attorney of record should update his client fee agreements accordingly.  (Beware the limitations of modifying a fee agreement midstream – see OSB Formal Opinion 2005-97.)
    Alternatively, the attorney of record could also barter services in exchange, but should check in with OSB General Counsel about the ethics of such an arrangement.
    If the attorney of record plans to split her fees with the eFiling lawyer buddy, she must comply with the Oregon RPCs requiring disclosure and consent of the fee split to the client.

[All Rights Reserved – 2015 – Beverly Michaelis]

The Importance of Keeping Complete Client files

Do you keep a complete copy of your client files?  If not, does your reasoning fall into one of the following categories:


Let’s consider these arguments individually.

Rationale: I don’t want to store the paper

Agreed!  I don’t blame you one bit.  Talk about inconvenient!

  • You could keep files at home, but no one wants to do that and some of us don’t have the space.
  • You could keep files in your office, but it can look like a clutter bomb went off.
  • This leaves the expensive option: keeping files off-site.

Solution: Scan your closed files

The easiest solution is to stop adding to the problem.  Resolve to scan your closed files starting this year.  Most practitioners will need a scanner for Oregon eCourt.  Put it to work as a file retention tool.

Rationale: Scanning is too time consuming

If your paper files aren’t “scanner” friendly, digitizing them at closing time can be tedious and time-consuming.

Solution: Make your life easier and scan as you go

Scanning paper as you receive it means all file materials are electronic from the start and the work is done automatically over the life of the file.  In fact, if you “scan as you go,” there is no reason not to simply be paperless.

After scanning, paper can be:

  1. Shredded
  2. Given to the client
  3. Kept for a designated amount of time in a general chron file
  4. Kept for a designated amount of time in simplified client file (e.g., dropped into an expanding file folder)

Exceptions may apply to certain types of originals.  See the PLF File Retention Guidelines, available on the PLF website.

Rationale: The court has all my pleadings

This is a specific example of the argument that if someone else has a copy of the documents stored in my file, I don’t need to retain my set.

Solution: Keep it real

No one else possesses your exact client file, as you gathered it, for the purpose you gathered it.

When you decide that it isn’t necessary to keep copies of the documents you filed in court, the medical records used to prove your client’s damages, or some other part of your file on the grounds that “someone else has a copy,” you are taking a huge risk.

Many a lawyer has regretted the decision not to keep records because “they were available elsewhere.”  For example, the lawyer who said he withdrew from a case long before a judgment was entered against his former client.  The lawyer claimed he withdrew, but had no documentation in his file.  The court’s Register of Actions showed receipt of a letter from the lawyer seeking to withdraw, but when a PDF of the court file was obtained, there was no letter.  Maybe the letter never made it into the paper file.  Or perhaps it was missed when the file was scanned.

Regardless, the moral of the story is pretty apparent: anyone (including a court clerk) can misplace, misfile, or lose a document.  Never rely on another person or entity to keep your records.  PLF claim files are replete with similar examples.

In the event of a legal malpractice claim, it may be crucial to prove what you did nor did not have in your file.  And while it may be possible to obtain duplicate records, doing so does not establish they were previously in your possession.

Additionally, defending the practice of discarding part of your file can be quite uncomfortable at deposition or in front of a jury.  Jurors hold lawyers to a high standard and often naturally have sympathy for the plaintiff bringing a claim.  If your testimony shows that you shredded part of your file, jurors may draw the wrong conclusion about your motives.  Play it safe and keep your complete file.

All Rights Reserved [2015] Beverly Michaelis


Practice Alerts for Oregon Lawyers

Professional Liability Fund Practice Alerts are a quick, easy way for Oregon lawyers to stay informed about developing legal news and practice management announcements.

With an RSS feed you can subscribe to alerts and receive new posts automatically in your browser or e-mail inbox  without the need to login or monitor the PLF website.  Examples of recent post topics include:

  • Are you eCourt Ready?
  • Temporary eFiling Restrictions Lifted
  • UTCR 21.140 Amended Out-of-Cycle
  • Office Productivity in the Cloud: Is Office 365 Right for You?
  • eCourt Service Status – Temporary eFiling Restrictions
  • eCourt Mandatory effective December 1, 2014

You can also follow the Professional Liability Fund on social media, including:

Social media accounts are used to share news, events, CLE announcements, job opportunities, discounts, and useful practice tips.

Stay in touch!

[All Rights Reserved – 2015 – Beverly Michaelis]

Submitting Your First eCourt Filing

Mandatory eCourt begins today for the eleven circuit courts that currently have the Oregon eCourt system.  In last week’s post, I described 10 steps to get ready for eFiling. Today I want to address how to manage the stress and anxiety of this transition.

Give Yourself Extra Time

I truly believe that once practitioners gain experience with eFiling, the transition will be embraced.  I appreciate that the road to gaining experience brings anxiety, especially since there is no way to “practice” with the Odyssey eFile & Serve system.

Knowing that the first filing or two might be a little nerve-wracking, please give yourself extra time.  You will become familiar with the process, but building familiarity and confidence takes time.  Don’t create extra pressure for yourself by waiting until the deadline date to file a document.  If your filing is rejected, you will need to seek relation back to cure the missed deadline.

If at all possible, file well in advance of the deadline.  If your filing is rejected, you will have time to breathe, fix the problem, and refile.

File During Business Hours When Support is Available

The Odyssey eFile & Serve system is available 24 hours a day, 7 days a week.  While it may be tempting to complete a filing at 10:00 p.m. Friday night, technical support staff are not available to assist you if something goes awry.

File during regular business hours, Monday through Friday, 7:00 a.m. to 9:00 p.m. Central Time when Tyler Technologies support staff can assist you.

Tyler Technologies support staff can walk you through:

  • Initiating a new filing
  • Filing into an existing case
  • eServing parties in a case

Tech support can also use “GoToAssist” to take control of your computer and help you complete an eFiling. Keep the support number handy: 1.800.297.5377 and don’t hesitate to use it.

Reach Out to Experienced Colleagues

If you know a colleague who has used the Odyssey eFile & Serve system system, ask for pointers.  There are practitioners in Yamhill, Crook, Jefferson, and a handful of other counties who have lived with eCourt for 18 months.  If you don’t know of someone personally who has used the system, posting to a listserv or contacting a Resource Lawyer through the Oregon State Bar Lawyer-to-Lawyer program may be an option.  (Note: eCourt is not a specific resource category in the Lawyer-to-Lawyer program, but Litigation is.)

[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]