Ethics CLE June 7  2017 – Ethical Guidelines for Client Files

Join me for a CLE on June 7, 2017 about OSB Formal Ethics Opinions 2016-191 – Client Property: Electronic-Only or “Paperless” Client Documents and 2017-192 – Client Property: Duplication Charges for Client Files, Production or Withholding of Client Files. Learn:

What are lawyers required to produce and when?

  • In some cases, lawyer notes and communications must be produced, in other instances they can be withheld: do you know the difference?
  • If you store data in proprietary law office software (e.g. in a docketing or practice management program), must you extract and convert the data for the client?
  • What circumstance might provoke disclosure of “confidential” information belonging to another client?
  • Can you refuse to deliver file material on the grounds that it is too burdensome or expensive to produce?
  • Is it possible to deliver less than the “entire client file” if the client consents?
  • Are you required to produce work product? Conflict information? Time and expense records? Reports about the client’s creditworthiness? Expert witness information? Metadata? Text messages?

Standards governing retention and storage of client files – Is it ethical to store client files electronically? Do any exceptions apply? What duties does a lawyer have when using electronic-only storage?

When to charge for locating, segregating, or duplicating file material – When you can (and can’t) pass costs on to the client, whether client originals can ever be destroyed, and your ethical responsibilities to the “impecunious client.”

Appreciate the difference between ethical duties and discoverability – The interplay of the Oregon Rules of Professional Conduct vs. state and federal rules of civil procedure.

Throughout the program “best practice” tips will be shared.

Date/Time/Location

Wednesday, June 7, 2017 from 10:00 a.m. to 11:30 a.m. Pacific Time.  This is a live, online webinar. Watch from your desktop computer or mobile device. Connect to audio via telephone or computer/device speakers.

Who Should Attend?

Lawyers, office managers or administrators, staff – anyone interested in learning more about Oregon’s new formal ethics opinions, 2016-191 and 2017-192.

Does the Program Include Written Materials?

Yes.  Written materials will be distributed electronically to all registered attendees before the event.

Ask Questions/Participate in Live Polling

Questions are welcome during the live event.  Attendees are also encouraged to participate in live, anonymous polling.

Registration Fee

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

Eventbrite - Ethical Guidelines for Client Files

MCLE Credits
1.5 Ethics MCLE Credits pending.

Can’t Attend?

Video and audio recordings of Ethical Guidelines for Client Files will be available to download along with the program materials following the June 7 CLE. Price: $25. Contact me or visit my online CLE store after June 7.

All Rights Reserved [2017] Beverly Michaelis

Ethical Guidelines for Client Files CLE

Join me for a CLE on June 7, 2017 about OSB Formal Ethics Opinions 2016-191 – Client Property: Electronic-Only or “Paperless” Client Documents and 2017-192 – Client Property: Duplication Charges for Client Files, Production or Withholding of Client Files. Learn:

What are lawyers required to produce and when?

  • In some cases, lawyer notes and communications must be produced, in other instances they can be withheld: do you know the difference?
  • If you store data in proprietary law office software (e.g. in a docketing or practice management program), must you extract and convert the data for the client?
  • What circumstance might provoke disclosure of “confidential” information belonging to another client?
  • Can you refuse to deliver file material on the grounds that it is too burdensome or expensive to produce?
  • Is it possible to deliver less than the “entire client file” if the client consents?
  • Are you required to produce work product? Conflict information? Time and expense records? Reports about the client’s creditworthiness? Expert witness information? Metadata? Text messages?

Standards governing retention and storage of client files – Is it ethical to store client files electronically? Do any exceptions apply? What duties does a lawyer have when using electronic-only storage?

When to charge for locating, segregating, or duplicating file material – When you can (and can’t) pass costs on to the client, whether client originals can ever be destroyed, and your ethical responsibilities to the “impecunious client.”

Appreciate the difference between ethical duties and discoverability – The interplay of the Oregon Rules of Professional Conduct vs. state and federal rules of civil procedure.

Throughout the program “best practice” tips will be shared.

Date/Time/Location

Wednesday, June 7, 2017 from 10:00 a.m. to 11:30 a.m. Pacific Time.  This is a live, online webinar. Watch from your desktop computer or mobile device. Connect to audio via telephone or computer/device speakers.

Who Should Attend?

Lawyers, office managers or administrators, staff – anyone interested in learning more about Oregon’s new formal ethics opinions, 2016-191 and 2017-192.

Does the Program Include Written Materials?

Yes.  Written materials will be distributed electronically to all registered attendees before the event.

Ask Questions/Participate in Live Polling

Questions are welcome during the live event.  Attendees are also encouraged to participate in live, anonymous polling.

Registration Fee

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

Eventbrite - Ethical Guidelines for Client Files

MCLE Credits
1.5 Ethics MCLE Credits pending.

Can’t Attend?

Video and audio recordings of Ethical Guidelines for Client Files will be available to download along with the program materials following the June 7 CLE. Price: $25. Contact me for more information or visit my CLE on demand store after June 7.

All Rights Reserved [2017] Beverly Michaelis

eCourt Malpractice Traps 2017 – Last Call!

Polish your Oregon eCourt knowledge and avoid potential malpractice traps with this 2017 CLE update.

Topics include:

  • Relation Back Malpractice Traps – Defining filing “acceptance,” notification of rejected filings, the process for seeking relation back, right to object, judicial discretion, system errors, multiple filing attempts, and what to do if your relation-back request is denied.pexels-photo-60626-medium
  • Ever-changing Rules and Software – Recent out-of-cycle amendments to the UTCRs, proposed UTCR changes for 2017, and upgrades to the Odyssey eFile & Serve software (Silverlight vs. HTML 5).
  • Common Reasons for Rejected Filings – A review of 12 of the most common filing errors and where to find OJD standards for electronic filings in circuit courts.
  • How to Avoid eCourt Malpractice Traps – Where and how to get help with OJCIN, eFiling, and questions about rules plus key resources from the Professional Liability Fund, Oregon Judicial Department, Odyssey, and others.

Date/Time/Location

Wednesday, April 5, 2017 from 10:00 a.m. to 12:00 p.m. Pacific Time.  This is a live, online webinar. Watch from your desktop computer or mobile device. Connect to audio via telephone or computer/device speakers.

Who Should Attend?

Lawyers, office managers, administrators, and staff.  If you want to avoid common malpractice traps, need a refresher on changes to the Uniform Trial Court Rules or eFiling software, or want to discover the most common mistakes made by Oregon eFilers, attend this CLE.

Does the Program Include Written Materials?

Yes.  Written materials will be distributed electronically to all registered attendees prior to the event.

Ask Questions/Participate in Live Polling

Questions are welcome during the live event.  Attendees are also encouraged to participate in live, anonymous polling.

Registration Fee

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

MCLE Credits
2.0 Practical Skills/General MCLE Credits pending.

Eventbrite - eCourt Malpractice Traps 2017

Can’t Attend?

Video and audio recordings of eCourt Malpractice Traps 2017 will be available to download along with the program materials following the April 5 CLE. Price: $25. Contact me for more information.

All Rights Reserved [2017] Beverly Michaelis

eCourt Malpractice Traps 2017

Polish your Oregon eCourt knowledge and avoid potential malpractice traps with this 2017 CLE update.

Topics include:

  • Relation Back Malpractice Traps – Defining filing “acceptance,” notification of rejected filings, the process for seeking relation back, right to object, judicial discretion, system errors, multiple filing attempts, and what to do if your relation-back request is denied.
  • Ever-changing Rules and Software – Recent out-of-cycle amendments to the UTCRs, proposed UTCR changes for 2017, and upgrades to the Odyssey eFile & Serve software (Silverlight vs. HTML 5).
  • Common Reasons for Rejected Filings – A review of 12 of the most common filing errors and where to find OJD standards for electronic filings in circuit courts.
  • How to Avoid eCourt Malpractice Traps – Where and how to get help with OJCIN, eFiling, and questions about rules plus key resources from the Professional Liability Fund, Oregon Judicial Department, Odyssey, and others.

Date/Time/Location

Wednesday, April 5, 2017 from 10:00 a.m. to 12:00 p.m. Pacific Time.  This is a live, online webinar. Watch from your desktop computer or mobile device. Connect to audio via telephone or computer/device speakers.

Who Should Attend?

Lawyers, office managers, administrators, and staff.  If you want to avoid common malpractice traps, need a refresher on changes to the Uniform Trial Court Rules or eFiling software, or want to discover the most common mistakes made by Oregon eFilers, attend this CLE.

Does the Program Include Written Materials?

Yes.  Written materials will be distributed electronically to all registered attendees prior to the event.

Ask Questions/Participate in Live Polling

Questions are welcome during the live event.  Attendees are also encouraged to participate in live, anonymous polling.

Registration Fee

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

MCLE Credits
2.0 Practical Skills/General MCLE Credits pending.

Eventbrite - eCourt Malpractice Traps 2017

Can’t Attend?

Video and audio recordings of eCourt Malpractice Traps 2017 will be available to download along with the program materials following the April 5 CLE. Price: $25. Contact me for more information.

All Rights Reserved [2017] Beverly Michaelis

New Work Habits for a New Year

The nice thing about a new year is that it offers a second chance.  An opportunity to step back and take a fresh look at how to run your practice.  As someone who likes the idea of starting over and trying something new I am here to encourage you.  Please read on.

business-office

Are you in a rut?

Let’s face it: we all get stuck in a routine now and again.  Day after day we trudge on without question.  Depending on the routine, this isn’t necessarily a bad thing.  For example, following set procedures for responding to client email, docketing deadlines, or checking conflicts are helpful time management and malpractice avoidance techniques.  The problem arises when we form work habits that are self-defeating or even life-threatening.

Working long hours can kill you

Six years ago I reported on a study from the Annals of Internal Medicine that found people “who work an average of 11 or more hours per day have a 67 percent higher risk of suffering a heart attack or dying from heart disease than people who work a standard seven- to eight-hour day.  Those who work between 10 and 11 hours per day have a 45 percent higher risk.”

For those of you who champion working hard and putting in long hours, these numbers are a sobering wakeup call.

Sitting is the new smoking

In 2016 came the admonition: get off your duff to improve your health.

While deadlines may sometimes dictate longer hours, sitting in your chair for 10 or 11 hours a day shouldn’t be the norm.  Long hours translate to physical stress, little or no time to exercise, and eating habits that are often less than stellar (like grabbing fast food on the way home.)

The truth is that none of us can maintain a “7-7-7 schedule” (7:00 am to 7:00 pm seven days a week) without suffering the consequences.  Even if you buy a treadmill or standing desk.

Time for a do-over

If I am describing you, stop.  You can do better, and you’ll be happier for it.  Here’s how to cut back the amount of time spent in the office and still accomplish what you need to get done.

Learn to say “goodbye” and “no.”

Two of my favorite words.  And they should be yours too.

Find it hard to turn people away?  I understand how you feel.  Lawyers face economic pressure: I don’t really have a choice.  I need the money.  And emotional pressure: Family, friends, or former clients are depending on me.  

Next time you want to say “no,” but are struggling, follow this simple advice.

Overwhelmed by the amount of work on your plate?

This is a good news/bad news scenario.

Let’s start with the “bad news” first.  You have too much to do and can’t get it done.  You may be paralyzed or depressed.  You don’t know where to start.  Call the attorney counselors at the Oregon Attorney Assistance Program (OAAP).  They provide free and confidential help with issues just like this.  They can also connect you to resources that can help relieve the pressure.

On the “good news” side, having too much to do means you can afford to be more picky about clients and cases.  Time to cull the herd:

What are your priorities?

Yes, I’m talking to you.

What do you want to make a priority?  Create time that is sacrosanct to tackle what you want to get done by blocking out time on your calendar.  Treat this time as if it were a client appointment – take no calls, do not read email.  Stay off the Internet unless the task at hand involves being on the Internet.  Give the matter your undivided attention.

Multi-tasking is for the birds

Or rather, the bird brains.  Literally.  It’s just about the worst thing you can try to do.

The idea that we can juggle ten things at once is a myth – we simply can’t do it.  Here is one of the better explanations I’ve read about why multi-tasking doesn’t work.  It was the inspiration for this post.  If you want to do something well, not start over ten times, remember it afterward, and get finished sooner, then single task!

You can control client expectations

Learn to shape and manage client expectations – from the very simple (availability by phone, ability to accommodate unscheduled appointments) to the more complex (meeting client deadlines).  The Professional Liability Fund (PLF) offers sample client brochures that explain office and billing practices.

Give yourself a break with this easy time management technique

Form a new habit for 2017.  Check your calendar first before making a time-related promise to a client.  If there is no “deadline” per se, determine when you can reasonably fit the project into your schedule.  You gain nothing by promising a quick turnaround if you can’t keep your word.

In a pickle? Triage!

If you’re in a pickle – a deadline is approaching and you know you can’t meet it – start triaging.  Call your client.  Call opposing counsel if necessary.  Negotiate a new due date.

I know facing up to deadlines is hard.  I also know many lawyers hesitate to call their clients or the other side because they fear being yelled at.  Know this: your clients and the other side are far more understanding than you give them credit for.  Everyone has been there.  They get it.  It turns out that waiting is not really that big of a problem ninety-nine percent of the time.  And if you need support making these kind of calls, just give a ring to the nice folks at the OAAP.

Get back in control

Getting help may be just the ticket to get your workflow back in control.  Consider temporary staff or a contract attorney.  Questions?  Call your friendly practice management advisor at the PLF for help.

Leaving early?  Good for you!

Last but not least, ditch the guilt of leaving early – it is your well-deserved reward for good planning and efficient work habits.

All Rights Reserved Beverly Michaelis 2017

Postscript

Have I given this advice before?  Absolutely.  But a reminder never hurts.  Especially if you know, as I do, that we all feel discouraged from time to time.  Never forget: you can start over and you can make a change.  Don’t let anyone tell you otherwise.