ABA TECHSHOW 2020

It’s officially a wrap. Did you miss ABA TECHSHOW 2020? Get all the apps, gadgets, tech, and tips fit to print right here on Wakelet! Topics include:

  • Artificial intelligence
  • Best practices
  • Client screening
  • Cloud computing
  • Ethics
  • Gmail, iPhone, Outlook, and PowerPoint tips
  • Marketing
  • Security
  • Windows 10

While you’re at it, be sure to check out the TECHSHOW blog.

All Rights Reserved 2020 Beverly Michaelis

Idaho Allows Fee Disgorgement for Breach of Fiduciary Duty

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In a case of first impression, the Idaho Supreme Court recently held that fee disgorgement is available as a remedy against a lawyer for breach of fiduciary duty even if there are no resulting damages.

Parkinson v. Bevis, 448 P.3d 1027 (Idaho 2019), involved comparatively simple facts: A lawyer representing plaintiff Rebecca Parkinson in her divorce proceedings shared a confidential attorney-client communication with opposing counsel. In a subsequent lawsuit against the lawyer, Parkinson conceded that she was not damaged by the unauthorized disclosure—instead framing her claim as one for breach of fiduciary duty seeking fee disgorgement as a remedy. The trial court dismissed the claim, but the Idaho Supreme Court reversed.

The Idaho Supreme Court first distinguished breach of fiduciary duty from legal malpractice: “A breach of fiduciary duty claim is an equitable claim for which a defendant may have to disgorge compensation received during the time the breach occurred, even if the plaintiff cannot show actual damages.” 448 P.3d at 1033.

via Idaho Supreme Court Allows Fee Disgorgement for Breach of Fiduciary Duty — NWSidebar

A result of interest to Oregon lawyers, since a fee disgorgement claim not involving negligence is unlikely to be covered by the Professional Liability Fund.

 

A Scam in Time for Christmas

Law firms routinely collect and issue W9 and 1099 forms. But if you receive an email requesting a tax form and weren’t expecting it, think twice. Ask yourself:

  • How did the email arrive? Via a website contact form, via your blog, or addressed to a specific person in your firm who would deal with such matters?
  • Do you recognize the sender?
  • Does the sender’s domain exist?
  • Does contact information given in the email match what you find on the web?
  • Do your records reflect that you did business with the sender this year?
  • Does any part of the email message seem “off?”

Remember scams can seem innocuous, even apologetic:

We are updating our new financial software and see that we don’t have a current W-9 or your tax id number in our system. If we could get this at your earliest convenience that would be wonderful. We realize and understand that you are tax exempt, but we would love to have the information fully entered into your new system. Thank you for your help and understanding. If you would like you can fax it to XXX-XXX-XXXX.
Have a great day!

When a request seems fishy (we understand you are tax exempt?) or oddly worded (we would love to have the information fully entered into your new system?!) take the time to independently verify legitimacy. Check your records, run a web search on the purported sender, and pick up the phone. Don’t use the contact information given in the suspicious email. Avoid replying, submitting a fax, or clicking on any links the message may include. Most importantly, educate staff on all levels and keep your antennae up for new variations of scams.

All Rights Reserved 2019 Beverly Michaelis

20 Apps for Lawyers

It’s been a while since we talked apps. From the first iPhone/iPad educational tracks at the ABA TECHSHOW, iOS apps for lawyers have only grown. We’re an attractive market with money to spend, even if our profession tends to be slow in adopting new technology.

This begs the question: which new (or newer) apps are among the best? Which of the tried and true are still worth using? Check out my curated list of the top 20 most-mentioned apps for lawyers:

Calendaring and Docketing

SmartDockets, DocketLaw, and CourtDaysPro promise to help users quickly and easily calculate deadlines using federal and state automated court rules. Choose the court, the trigger, the date and time, hit “Calculate” to get the result, and post to your calendar.

Courtroom Presentations

Looking for courtroom presentation software? TrialPad is the most popular kid on the block. The developer, LitSoftware, boasts “Whether you need to display a document in an evidentiary hearing, annotate a photo during a deposition, or compare, highlight, and call out two documents for a jury, TrialPad makes it easy. And while you can plug and play in the courtroom or the boardroom, you can also present wirelessly with AppleTV.” TrialDirector is free, and a good alternative if you have limited exhibits and no need to display video.

Credit Card Processing

SquareRegister lands high on the popularity list, but isn’t the best when it comes to trust accounting compliance. Honestly, you’d be better off with LawPay or Headnote.

Digital Signing Apps

Jeff Richardson of iPhoneJD favors SignMyPad Pro for digital signature capture. I’m a fan of DocuSign and HelloSign, which integrate with some of the more popular cloud-based practice management programs.

Encrypted Messaging for Lawyers

If you care about secure client communications (and you should), eielegal is for you. It offers “encrypted information exchange,” thus the name, and also creates an archive of conversations. As you’ll recall from a post two years ago, texts are part of the client file and should be preserved. The eielegal app solves that problem, as does Zipwhip.

File Sharing, Storage, Markup, and Management

Dropbox remains the most popular app for file sharing and storage. While the standard version will get you far, the advanced version at $20/month is a great price point for unlimited file storage. Advanced data protection is available for both.

Want to read, markup, sign, and share docs? Consider iAnnotate.

Readdle Docs and GoodReader are the kings of file management – superior to iOS’ “Files” app. Both allow users to open, access, and work with files regardless of where they are stored.

Legal Research

Everyone loves the Fastcase app but if you’re looking for an alternative, consider Westlaw or LexisAdvance.

Reminders

Sometimes free is best. The built-in iOS Reminders app does a stellar job of creating time- and location-based reminders. Tell your iPhone: “Remind me to call John Doe when I get to my office.” When you return, your iPhone will notice you’re in the office and remind you to make the call. Doesn’t get better than that!

All Rights Reserved 2019 Beverly Michaelis