Legal Trends – 2019 ABA TECHSHOW

Curious about legal trends? Here are some interesting statistics and takeaways discussed at the 2019 ABA TECHSHOW:

When rating lawyers, people complain more about customer service issues than the cost of legal services.

When selecting a lawyer, clients value guidance, certainty, and clarity.

When assessing the emotional state of clients, lawyers chronically underestimate feelings of confusion, disbelief, frustration, and urgency.

Lawyers and clients are on opposite ends of the spectrum when it comes to communication:

    • The majority of lawyers expect clients to send an email or visit the office in person when asking to schedule an appointment. In reality, clients shun both approaches and prefer overwhelmingly to call.
    • 70% of clients want to meet in person when sharing all the details or facts of a situation. 18% are willing to meet by phone. Similarly, clients want to hear lawyers explain the legal aspects of their case in person (55%) or by phone (23%) not by email or other means.
    • For getting quick questions answered, 46% of clients prefer the phone, 29% prefer email.
    • Lawyers strongly prefer to call with status updates (64%), but clients are split between phone (37%) and email (35%) in their preference.
    • Signing, viewing, or delivering documents? 64% of clients prefer to do this in person. 20% are okay with email. Interestingly, 35% of lawyers prefer to review documents with clients by phone – only 5% of clients preferred this method.
    • Websites and client portals only factored significantly into client preferences in two areas: checking the hours a lawyer is spending on a case (26% of clients) and making payments (31% of clients).

Key Takeaways

  1. Solicit feedback from clients.
  2. Consider using client surveys that measure your “net promoter” or client loyalty score. Survey Monkey is one example.
  3. Focus on in-person moments with clients and minimize interruptions.
  4. When deciding whether to call, email, or meet in person, put the client first. For the most part, clients want to talk – not read messages or correspondence.

For more information and a link to the complete legal trends report, see my story on Wakelet.

All Rights Reserved 2019 Beverly Michaelis

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

Using Contract Lawyers

Contract lawyers can play an essential role in managing workflow. Here are five quick tips from Law Practice Today on using freelancers effectively:

  • Get client consent.
  • Decide whether the contract lawyer will have client contact (if so, this affects the contract lawyer’s liability coverage status in Oregon).
  • Supervise! Overseeing the work of a contract lawyer is your ethical duty. Outsourcing lawyers should also be sensitive to the impression the contract lawyer makes on the client, particularly if they engage in client communication.
  • Beware of potential unauthorized practice of law. Ensure the contract lawyer is licensed to deliver services in the state of the client’s legal issue.
  • Don’t hesitate to bill for the contract lawyer’s services at prevailing market rates. I would add: include this cost (or fee) in your client engagement letter.

If you are considering hiring a contract lawyer (or want to offer your services on a contract basis), check out the following resources from the Professional Liability Fund:

  • Contract Lawyers Checklist
  • Contract Project – Letter of Understanding
  • Contract Project Intake Sheet
  • Independent Contractors or Employees
  • Letter Declining Contract Project

From the PLF home page, select Practice Management > Forms > Contract Lawyering. A number of CLEs are also available under the CLE > Past CLE heading:

  • Contract Lawyers CLE: Conflicts
  • Contract Attorneys: Managing Expectations and Getting Paid
  • Practical Contract Lawyering

To learn about Oregon malpractice coverage for contract lawyers and qualifying for a “supervised attorney” exemption, contact the PLF at 503.639.6911 or 800.452.1639 and ask for Jeff Crawford or Emilee Preble.

The Oregon Women Lawyers operate a Contract Lawyers Listserve for members. To join or use the service, visit the OWLS website.

All Rights Reserved – 2018 – Beverly Michaelis