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

Legal News and Upcoming Events

Is Mandatory Malpractice Coverage Coming to Washington?

Mandatory malpractice coverage is well known by Oregon lawyers and may be coming soon to members of the Washington bar (WSBA).

In July, the WSBA Mandatory Malpractice Insurance Task Force presented a tentative recommendation to the Board of Governors (BOG) to mandate malpractice insurance for Washington-licensed lawyers. The task force expects to present a final report to the BOG in four short months.

Next steps include:

  1. Considering feedback from the Board of Governors;
  2. Ramping up information efforts among WSBA members, and obtaining and considering additional comments received;
  3. Detailing the recommended malpractice insurance mandate, including the specific
    required coverage minimums;
  4. Identifying in detail the recommended exemptions from the professional liability
    insurance requirement; and
  5. Drafting a proposed Court Rule for the Board of Governor’s consideration

Members may submit comments to insurancetaskforce@wsba.org. The task force continues to meet monthly through the end of the year. Read the interim report here.

Free Access to PACER

This past week, the ABA Journal reported a potential end to PACER fees:

A new bill before the U.S House of Representatives would prohibit the federal courts from charging for public documents. The Electronic Court Records Reform Act would require that documents downloaded from the PACER database be free. Currently, the repository for federal court documents charges up to 10 cents a page.

The article notes that PACER has become a reliable money-maker for federal courts, pulling in $150 million in fees in 2015 alone.

Of further interest to federal court practitioners, the proposed bill would require documents to be posted to PACER within five days of being filed in federal court in a manner that allows for easy searching and linking from external websites.

Additionally, it would require consolidation of the Case Management/Electronic Case Files (CM/ECF) system, allowing for one-stop shopping when searching for federal court cases. Presently, each court operates its own separate CM/ECF system.

Free Data Breach CLEs in Bend and Medford

The Professional Liability Fund is offering two free data breach CLES in October:

These CLEs will explain data breach, what you can do to protect your client’s information, your ethical duties, and what to do if a breach occurs. For more information, follow the links above. Register for the Bend CLE by emailing DeAnna Shields at deannas@osbplf.org. Register for the Medford CLE by emailing Eric B. Mitton at eric.mitton@cityofmedford.org.

All Rights Reserved – 2018 – Beverly Michaelis

Final Call – Oregon eService CLE

This is your final call for
Oregon eService – happening this Wednesday, June 6, 2018 from 10:00 a.m. to 11:15 a.m., PDT.

This live, online webinar is for experts and novices alike. An opportunity to polish skills and apply tips straight from the courthouse or understand eService from the ground up.

Topics include:

Using eService

  • How to eServe in four easy steps
  • Service of process in the eFiling world: UTCR 21.100
  • Six compelling reasons to use eService

Identifying eService Exceptions

  • To eServe or not to eServe

Responding to Service Contact Issues

  • Requirements of UTCR 21.100(2)(a)
  • Pursuing sanctions under UTCR 1.090(2)
  • Best practice recommendations

Deliberating the Case of: eService vs. Service by Email

  • UTCR 21.100(4) vs. ORCP 9G
  • Pros, cons, and myths of service by email
  • Best practice recommendations

Drawing on Courthouse Wisdom: Do’s and Don’ts

  • How to use the “filing on behalf of” field
  • Should you or shouldn’t you serve yourself?
  • Multiple service methods
  • How to copy firm members on filings
  • Proper Certificates of Service
  • And more!

Getting Help and Improving eFile & Serve

  • Get assistance and give your input

Registration Closes One Hour Before the Live Program!
$25 – Visit the Upcoming CLE page or choose the registration link below. Secure payment processing powered by Eventbrite. Visa, MasterCard, Discover, and American Express accepted. Program materials included in the registration price. Registration closes at 9:00 a.m. on June 6.  Program start time is 10:00 a.m.

REGISTER NOW
Oregon eService CLE

 FAQs

Are group discounts available?
Yes.  Discounts are available to firms who register 5 or more attendees.
To receive a discount code, contact me before you register: 
beverly@oregonlawpracticemanagement.org.
Requests for discount codes must be received by Tuesday, June 5 at 1:00 p.m.

Do the Programs Include Written Materials? 
Yes. Written materials are distributed electronically to attendees.

Are questions welcome?
Absolutely. Questions may be submitted any time during the live event or afterward via email. Attendees are also encouraged to participate in live, anonymous polling.

Where is the program being held?
This program is a live, online webinar.

MCLE Credits
1.25 practical skills/general MCLE credits have been issued by the Oregon State Bar.

Can’t Attend?
Video and audio recordings will be available to download along with the program materials shortly after the live program event.  Price: $25. Contact me or visit my online CLE store to place an order.

Digital File Retention

 

If your answer to the poll was “yes,” or “I should,” give yourself a pat on the back.

If you don’t have a digital file retention policy, or more specifically, don’t believe you need a policy, please consider the following:

The more data you store, the more you must protect, and it isn’t free

Data protection is costly and doesn’t end with buying a server. If your firm stores digital files in-house, you must maintain your investment.  This means replacing obsolete storage media, preserving and testing backups, purchasing cybersecurity coverage, investing in and updating security software, budgeting for internal or outsourced IT services, and recovering from data theft, data breach, or system crashes if they occur. Cloud storage may alleviate some of this, although best practices dictate that cloud storage should be secondary to keeping on-premise copies of your data.

The duty to safeguard

Protection isn’t just a matter of out-of-pocket expenses, it has real ethical significance:

Taken together, Rule 1.6(c) and Rule
5.3 require a lawyer to take steps to prevent
disclosure of client information
through the misuse of technology, by
themselves or by any technology vendor
on which the lawyer relies. A lawyer’s
reasonable efforts to protect client data
might include reviewing a third-party
vendor’s terms of service to ensure that
they comply with industry standards relating
to confidentiality and security, and
that those standards are consistent with
the lawyer’s own professional obligations.

Mark Johnson Roberts, “Electronic Competence: As Technology Advances, So Must a Lawyer’s Understanding of It,” OSB Bulletin (June 2017).

If you place no limitations on digital file storage and something bad happens, more client data is exposed. Why would you want to take that risk?

Keep it and retrieve it

If you get into the perpetual storage business, be prepared to retrieve what you keep. Adhering to file retention recommendations and ethical requirements is one thing. Digging up records from 20, 30, or 40 years ago because you’ve chosen not to enforce a destruction policy is something else.

Setting reasonable digital file retention policies

For guidance on file retention, contact your local ethics hotline or professional liability carrier.  In Oregon, the following resources are available from the Professional Liability Fund. Select Practice Management > Forms.

  • Checklist for Scanning Client Files
  • File Retention and Destruction Guidelines
  • Production of Client File
  • Retention of Electronic Records

Mid-size and larger firms should consider a membership in ARMA, the Association of Records Managers and Administrators.  Another good resource is AIIM, the global community of information professionals.

All Rights Reserved 2018 Beverly Michaelis

 

 

Oregon eService CLE

Registration is now open for
Oregon eService, scheduled for June 6, 2018 from 10:00 a.m. to 11:15 a.m., PDT.

This live, online webinar is for experts and novices alike. An opportunity to polish skills and apply tips straight from the courthouse or understand eService from the ground up.

Topics include:

Using eService

  • How to eServe in four easy steps
  • Service of process in the eFiling world: UTCR 21.100
  • Six compelling reasons to use eService

Identifying eService Exceptions

  • To eServe or not to eServe

Responding to Service Contact Issues

  • Requirements of UTCR 21.100(2)(a)
  • Pursuing sanctions under UTCR 1.090(2)
  • Best practice recommendations

Deliberating the Case of: eService vs. Service by Email

  • UTCR 21.100(4) vs. ORCP 9G
  • Pros, cons, and myths of service by email
  • Best practice recommendations

Drawing on Courthouse Wisdom: Do’s and Don’ts

  • How to use the “filing on behalf of” field
  • Should you or shouldn’t you serve yourself?
  • Multiple service methods
  • How to copy firm members on filings
  • Proper Certificates of Service
  • And more!

Getting Help and Improving eFile & Serve

  • Get assistance and give your input

Register Now
$25 – Visit the Upcoming CLE page or choose the registration link below. Secure payment processing powered by Eventbrite. Visa, MasterCard, Discover, and American Express accepted. Program materials included in the registration price.

REGISTER NOW
Oregon eService CLE

 FAQs

Are group discounts available?
Discounts are available to firms who register 5 or more attendees. Contact me for a discount code before you register: beverly@oregonlawpracticemanagement.org.

Do the Programs Include Written Materials? 
Yes. Written materials are distributed electronically to attendees.

Are questions welcome?
Absolutely. Questions may be submitted any time during the live event or afterward via email. Attendees are also encouraged to participate in live, anonymous polling.

Where is the program being held?
This program is a live, online webinar.

MCLE Credits
1.25 practical skills/general MCLE credits have been approved by the Oregon State Bar.

Can’t Attend?
Video and audio recordings will be available to download along with the program materials shortly after the live program event.  Price: $25. Contact me or visit my online CLE store to place an order.