Tag Archives: ABA

New ABA Ethics Opinion – Lawyers Working Remotely

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On December 16, 2020 the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 495. Here is the synopsis:

Lawyers may remotely practice the law of the jurisdictions in which they are licensed while physically present in a jurisdiction in which they are not admitted if the local jurisdiction has not determined that the conduct is the unlicensed or unauthorized practice of law and if they do not hold themselves out as being licensed to practice in the local jurisdiction, do not advertise or otherwise hold out as having an office in the local jurisdiction, and do not provide or offer to provide legal services in the local jurisdiction. This practice may include the law of their licensing jurisdiction or other law as permitted by ABA Model Rule 5.5(c) or (d), including, for instance, temporary practice involving other states’ or federal laws. Having local contact information on websites, letterhead, business cards, advertising, or the like would improperly establish a local office or local presence under the ABA Model Rules.

The opinion does not address confidentiality, use of technology, or other issues that may arise in remote working situations. Read the full opinion here.

All Rights Reserved Beverly Michaelis 2021

2020 in the Rearview

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Photo by Bich Tran on Pexels.com

COVID, wildfires, court operations, and closures dominated headlines and our lives. So did the tech world, the hard work of staying productive, and not letting the stress of it all get to us.

Hopefully you found some useful posts in 2020. If you’ve been battling procrastination, there is help. If you need to jump start your marketing, I did a four part series in July. If collecting fees has been … challenging … I have a few suggestions. Here’s a recap of substantive topics covered in the past twelve months. And here’s to 2021!

COVID

COVID Generally

COVID and Marketing

Reopening Your Firm

WFH (Working from Home)

Technology

Motivation and Productivity

Oregon Wildfires

Courts

Well Being

eDiscovery

Ethics

Fees and Finances

Malpractice

Client Service

Staff

All Rights Reserved 2020 Beverly Michaelis

New ABA Study on Malpractice Claims

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Photo by Brett Sayles on Pexels.com

Approximately every four years since 1985, the American Bar Association has published a “Profile of Legal Malpractice Claims.” Plaintiffs’ personal injury and family law are the most frequent source of claims, according to the latest profile. Although the Profile does not correlate the severity of claims by practice area, the Profile’s “anecdotal observations” section suggests  that business and commercial law have traditionally been higher-risk areas on this score…

Risk Management by the Numbers: New ABA Study on Malpractice Claims — NWSidebar

Closer to Home

It is no particular surprise that Oregon mirrors the national statistics.

In 2019, the most recent year for which data is available, personal injury, domestic relations, and bankruptcy/debtor-creditor law top the list for frequency of claims in our state. They do not, however, represent the biggest payout. In fact, they don’t make the list.

If your concern is cost, look to business transactions, securities, other civil litigation, tax/non profit law, intellectual property, and construction.

Here are the details:

Don’t become a statistic

The risk of a legal malpractice claim can be greatly reduced by taking advantage of practice management resources. HOW you run your practice matters as much – or more – than the area of law you choose. Reading blogs, getting advice, and scheduling a webinar are all ways to educate yourself on malpractice traps.

Learning to manage your workflow and properly track deadlines is a must. So is managing your time. Reach out if you need help or have questions. Take advantage of PLF and OAAP resources. Getting your systems and procedures in order is the single most effective step any lawyer can take to manage the risk of a claim. This applies to those practicing in larger firms too. Your firm supplies the software and procedures, but when it comes down to managing your personal caseload that’s up to you.

All Rights Reserved 2020 Beverly Michaelis

12 Ways to Market During COVID – Part 3

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Today’s marketing tips come courtesy of the ABA Journal. Here are the highlights:

1. Call current and past clients to check in on how they are coping.
2. Turn your attorneys into visible experts online.
3. Spend four hours per week on business development.
4. Beef up your website to get new clients.
5. The more you blog, the more clients you will get.
6. Build good word of mouth with online reviews.
7. Out-market your competition—figure out how much to spend and where to spend.
8. Market with millennials in mind.
9. Make sure your website is easily accessible for mobile users.
10. Set up a video studio.
11. Your attorney bio should not be a dead end.
12. For social media, focus on Facebook and forget the rest.

I encourage you to read the full article. The author, Larry Bodine, has excellent insights and marketing data to back up each of his recommendations. He also shares specific action steps you can take now.

Have we heard some of these ideas before? Yes. Reminders never hurt. There are also plenty of new suggestions. If you implement even one or two of Larry’s suggestions you will be ahead of the game.

All Rights Reserved 2020 Beverly Michaelis

The Stress of COVID-19

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The Oregon Attorney Assistance Program (OAAP) provides confidential and free counseling assistance to lawyers, judges, and law students.

If you, or someone you care about, are feeling overwhelmed, the OAAP is here for you.

The OAAP remains open and attorney counselors are available for individual appointments by telephone or video conference. Set up an appointment today.