Remembering Those Who Paid the Ultimate Sacrifice

Today is Memorial Day. A fitting time to share some facts and traditions about the meaning behind the day. The following comes from The Old Farmer’s Almanac.

A Very Brief History

Honoring ancestors by decorating and cleaning graves is an ancient practice. Recognizing the military dead specifically started in earnest after the Civil War, usually on the occasion of family gatherings and picnics in the summer. The holiday we know today began in 1971.

The Red Poppy

The origin of wearing a red poppy comes from a poem written over 100 years ago:

In November 1918, days before the official end of the war, an American professor named Moina Michael wrote her own poem, “We Shall Keep the Faith,” which was inspired by McCrae’s “In Flanders Fields.” In her poem (also shown below), she mentioned wearing the “poppy red” to honor the dead, and with that, the tradition of adorning one’s clothing with a single red poppy in remembrance of those killed in the Great War was born. Moina herself came to be known—and honored—as “The Poppy Lady.”

Learn More

Learn more about Decoration Day, aka Memorial Day here.

Phase One Guidelines for Reopening Your Law Firm

Last week we talked about considerations for reopening your law firm.

While some of Oregon’s most populous counties remain closed, most were cleared for a phase one reopening three days ago. As a result, we now have new resources for all businesses, including your firm.

The guidelines come from state and county health departments and include 15 documents you should download, read, physically post, and deploy in your office:

Your firm should develop written protocols regarding:

  • Recommendations or requirements for face masks for employees and clients/consumers 
  • Conducting daily health assessments for employees (self-evaluation) to determine if “fit for duty”
  • Maintaining good hygiene at all times, hand washing and physical distancing
  • Cleaning and sanitizing workplaces throughout the workday and at the close of business or between shifts
  • Limiting maximum capacity to meet physical distancing guidelines.

Client businesses can check for sector-specific guidance on the state webpage here.

Thank you, thank you, thank you to Deschutes County for publishing this helpful information.

Questions? Call your county health department.

For those of you continuing to work from home, watch for a post about tech and security next week.

All Rights Reserved 2020 Beverly Michaelis

Preparing to Reopen Your Law Firm

On May 7, 2020, Governor Brown announced new details on the phased reopening of businesses in Oregon. Decisions will be made on a county-by-county basis. Counties must apply to reopen and:

  • Show a decline in COVID-19 or have fewer than 5 hospitalizations
  • Have sufficient COVID-19 testing and contact tracing capability
  • Establish plans for the isolation and quarantine of new cases
  • Have the hospital capacity to handle any surge in COVID-19 cases
  • Have enough personal protective equipment for health care workers

What Should Law Firms Do?

Now is an excellent time to put your plan together for phased reopening.

Start with this very thoughtful post from Vinson & Elkins. Directed at clients, it also applies to law firms, who are – after all – businesses too.

It begins with identifying a return-to-work coordination team with the right members – HR, IT, finance, admin, and for law firms – lawyers and legal staff. As a group, the team addresses these issues:

  1. When will the office reopen?
  2. Who should work from the office?
  3. Should we screen employees for COVID-19 before they return?
  4. What new practices will be required to maintain social distancing and ensure a sanitary workplace?
  5. How will we handle individual employee requests?

The post suggests delegating responsibilities by department or floor. This could also be done based on the issue. Whatever makes sense for your firm. Most importantly, the team needs to communicate what will happen and when.

Remember the Clients

While social distancing and sanitizing will benefit clients, your return-to-work team should also consider:

  1. When will we resume in-person client meetings?
  2. What new practices will be required for in-person meetings?
  3. How should we communicate about COVID-related client procedures?

Permitting in-person meetings may mean:

  • Redesigning your reception area
  • Staggering client meeting times
  • Limiting non-client visitors
  • Requiring face coverings
  • Sanitizing client property delivered to the firm

More Resources

A Google search reveals a plethora of return-to-work resources from law firms directed at clients, such as the return-to-work coordination team described above. Three particularly useful reads are the Reopening Issues Checklist, the Checklist for Health and Safety Planning, and 10 issues to consider offered by the Society for Human Resource Management.

All Rights Reserved 2020 Beverly Michaelis

 

 

Confidentiality Still Applies When Rebutting Online Reviews

We’ve chatted before about online reputations and how to respond (if at all) to negative online reviews. Defending yourself is a natural reaction, but usually the wrong call as an Oregon lawyer recently discovered.

In a case now on appeal to the Oregon Supreme Court, an Oregon lawyer was suspended for 30 days for revealing a client’s identity and the details of his criminal conviction in response to negative online reviews.

Isn’t it Self Defense?

We don’t really know.

The trial panel did not consider the “self-defense” exception to Oregon RPC 1.6, finding the lawyer did not show that the details contained in his rebuttal were “reasonably necessary” to reveal.

The bar argued the “self-defense” exception applies only to formal proceedings, such as responding to a legal malpractice claim or bar complaint.

Read the full post on NW Sidebar.

What We Do Know

  • The identity of your client is confidential.
  • Revealing details about a case can be equivalent to revealing the client’s name in a universe where people can follow the dots.
  • If you engage online, the fuel you add to the fire will likely push the negative post upward in search results.

What You Should Do

Going back to my post from 2017, here are some suggestions:

  • A reasonable and measured response is key. Blasting people who give you a negative review is not a good business model.
  • You can try contacting the review site and asking for the review’s removal if you can prove the review is false, defamatory or written by a competitor. In the case described above, the lawyer contacted Google, Yelp, and Avvo to have the negative reviews removed. All three sites refused, telling the lawyer they considered the reviews the former client’s personal opinions. In another instance, the Washington Court of Appeals refused to force disclosure of an anonymous online reviewer’s identity. See Thomson v. Jane Doe, 189 Wn. App. 45, 356 P.3d 727 (2015).
  • You can respond directly to the review on the site. Be courteous and explain that due to your duty of confidentiality, you can’t address the facts of the complaint, but that you do not believe it presents a fair and accurate portrayal of the events. Make clear that you are always available to meet with former clients and address any concerns they may have.
  • If possible, try to contact the reviewer directly and seek to ameliorate the situation or explain to them further why the representation unfolded as it did. If this is successful, don’t hesitate to ask for an updated review.
  • Try to avoid further negative reviews by soliciting client feedback directly as the representation continues and in exit interviews. Try to give your clients every opportunity to air their grievances with you and your firm directly so they don’t have the need to vent in public.
  • Lastly, the best antidote to a negative review is positive reviews. Keep your profile updated and facilitate the opportunity for your other clients to post their own satisfied reviews.

We’ve all heard the old saw, grow a tough skin. If you’re a lawyer, it better be twice as thick as everyone else’s.

All Rights Reserved 2020 Beverly Michaelis

eFile and Serve: Answers to FAQ and Webinar Recording

ICYMI, a recording of the Oregon Judicial Department (OJD) eFile & Serve webinar is available on YouTube. The webinar covered:

  • File & Serve upgrade
  • eSignatures by nonfilers
  • Filer certifications and retention requirements
  • eFiling exhibits for remote trials/hearings
    • Filing requirements
    • Bookmarking a PDF
    • Creating a linked index
  • eFiling pointers
  • Resources for technical support and questions

View the slides on my post from April 13 or access a downloadable PDF here.

Q & A Session – eFile & Serve

Here are the answers and questions from the program

Thanks again to OJD Assistant General Counsel Sam Dupree for doing this! Download a PDF of the Q & A here.

All Rights Reserved 2020 Beverly Michaelis