Best Practices – eService, Workflow, Trust Accounting and Beyond

From office system best practices to eService and advanced trust accounting – CLE offerings covered a wide array of topics this year. If you missed a program, don’t despair. Video and audio recordings are available to download from my online store.  Here are the details:

Best Practices for Client Intake, Engagement & Workflow
OSB Program No.: 6724*9 (1.0 PS/general MCLE credits)

Recognizing the objectives and ethical traps of client intake, implementing the 7 key elements of intake forms, automating intake with ease, documenting representation, modernizing the engagement process using forms, brochures, automation, and eSignatures, using technology and staffing to improve workflow, and more.

Best Practices for Docketing, Conflicts, Disengagement & File Retention
OSB Program No.: 6724*10 (1.0 PS/general MCLE credits)

Represent clients effectively and ethically by applying best practice recommendations for docketing, conflicts, disengagement, and file retention. Includes docketing tips for eCourt practitioners, streamlining conflict checking, limiting liability exposure through proper disengagement, simplifying disengagement, and creating file retention policies, procedures, and checklists.

Oregon eService
OSB Program No.: 6724*11 (1.25 PS/general MCLE credits)

For experts and novices alike – an opportunity to polish eService/eCourt skills and apply tips straight from the courthouse – or understand eService from the ground up. Includes how to eServe in four easy steps, six compelling reasons to use eService, identifying eService exceptions, responding to service contact issues, pursuing sanctions under UTCR 1.090(2), eService vs. service by email, courthouse dos and don’ts, and proper Certificates of Service.

Trust Accounting Fundamentals
OSB Program No.: 6724*12 (1.5 ethics MCLE credits)

From managing bank charges and avoiding impermissible cushions to reporting overdrafts and addressing client fee disputes – this program will provide a fundamental understanding of how to operate your lawyer trust account.

Advanced Trust Accounting
OSB Program No.: 6724*13 – 1.25 ethics MCLE credits

Delve deeper into the more advanced issues of trust accounting, including how to safely manage wire and EFT transfers, using layaway payment plans, collecting “first and last month’s rent,” managing evergreen retainers and hybrid fee agreements, receiving third party payments, bartering legal services, passing on credit card transaction fees, what to do with unclaimed funds, responding to garnishments and liens, how to disburse settlement proceeds if your client is missing, and more.

Your on demand CLE purchase includes

  • MP4 download (combined audio and video file)
  • M4a download (audio only)
  • Written program materials, including presentation slides and resources
  • Answers to polling questions asked during the live CLE
  • MCLE Form 6 for self-reporting of MCLE credits

Instant digital delivery with options to save to the cloud or your mobile device

Links to digital files are delivered instantly at checkout with your purchase confirmation email.  Download, stream, save to your Dropbox account, or send files to your mobile device or desktop computer.

Free eBook!

If you visit my online store, be sure to download your free copy of Tips for Improving Client Relationships.

Secure payment processing

All transactions are handled by Selz and protected with industry standard security, including encryption and SSL secure. The Selz platform is also PCI compliant. Visa, MasterCard, American Express, and Discover accepted.

All Rights Reserved 2018 Beverly Michaelis

Mastering Motions to Compel

Celia C. Elwell, the Researching Paralegal, recently pointed to an excellent article in the ABA Journal entitled “6 Keys to Acing Discovery.” The article focuses on preparing for and arguing motions to compel. Post author, Katherine A. Hopkins, cites the following as keys to success:

  1. Avoid canned briefs
  2. Research the court procedures
  3. Research the judge hearing your motion
  4. Research opposing counsel
  5. Make the judge’s life easy
  6. Finally, don’t be a jerk

Read the full article here.

Your first reaction may be: this sounds like a lot of work for a “simple” motion to compel. Perhaps it is. On the other hand, research is something you only need to do once. If you’re in a firm or have a network of fellow practitioners, it should be easy to make a few phone calls about an unfamiliar judge or opposing counsel.

Knowing the court procedures? You better know the court procedures! If it’s been a while or you are new to a particular judicial district in Oregon, start with the OJD Rules Center. Scroll the page to find UTCRs, SLRs, and “other rules,” including the Oregon Rules of Civil Procedure. If you are a Multnomah County practitioner, the new updated 2018 Attorney Reference Manual is now available on the Multnomah Bar Association website. Get it toot sweet!

I can heartily vouch for the tips about making the judge’s life easy and not being a jerk. No one likes the latter. Don’t take the bait if the other side is contentious. Keep your cool and your reputation intact.

As for the judge, put yourself in his/her position. A straightforward, well-organized motion with clearly marked exhibits is a great start. Your argument should be the same.

All Rights Reserved 2018 Beverly Michaelis

Stress and Thanksgiving

You may feel there’s nothing you can do about stress.
The bills won’t stop coming, there will never be more
hours in the day, and your work and family responsibilities
will always be demanding. However, you have more
control over stress than you might think. No matter how
stressful your life seems, you can take steps to relieve
the pressure and regain balance.

Sage words from the Oregon Attorney Assistance Program.

Since Thanksgiving – and the holiday season in general – can be especially stressful, here are three stress management strategies to try:

  • Use a tool in the Stress Relief Toolbox. (Take a walk, get out in nature, listen to music, etc.) Pick an activity from the toolbox and do it. Best practices? Don’t wait for stress to build up – use one of these suggestions every day and add your favorites.
  • If you’re a list-maker, you may like the Stress Management Self-Help Checklist. It’s a good way to stay on track and remind yourself of the importance of managing stress as part of your overall health.
  • Last, but not least: if you’re trying to get a handle on the stressors in your life, consider keeping a Stress Journal.

For specific advice on how to cope with holiday expectations and holiday-related stress, review these articles from the Oregon Attorney Assistance Program:

If you’re not sure where to start, or want to talk to someone now, contact one of the attorney counselors at the Oregon Attorney Assistance Program (OAAP). Services are free and confidential.

All Rights Reserved 2018 Beverly Michaelis

See the Data Apple Has Collected on You — Via Ball in your Court

Two-and-a-half years ago, I concluded a post with this bluster: “Listen, Amazon, Apple, Microsoft and all the other companies collecting vast volumes of our data through intelligent agents, apps and social networking sites, you must afford us a ready means to see and repatriate our data. It’s not enough to let us grab snatches via an unwieldy […]

via Cloud Takeouts: Can I Get That to Go? — Ball in your Court