New ABA Study on Malpractice Claims

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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

ABA Blueprint: What Is it and Why Should I Care?

ABA Blueprint.combp is a new tool designed to help solo and small firm lawyers find what
they need to run their firm.  Any lawyer may browse the website for resources and information.  Technology, marketing, insurance, retirement, and practice management services are available to ABA members only.  Here’s an overview:

Services for ABA Members at Blueprint.com

  • Discounts on products and services
  • Access to free practice management consultants
  • Firm Builder (see below)
  • Ability to save solutions to your Blueprint account so you don‘t lose your research

If this sounds good to you, check out ABA membership here.  Dues are pro-rated based on your date of original bar admission.  Membership is free for 2016 and 2017 admittees.

Resources Non-ABA Members Can Access at Blueprint.com

Informative BLOG Posts

At ABA Blueprint, click the logo (upper left) to visit the Home page.  Scroll to the bottom to find a feed of the latest posts from the ABA Legal Technology Resource Center blog. Examples include using email newsletters, trends in legal technology, website costsgetting the most out of online forms, and state data breach notification laws.

Universal Solutions

Anyone can visit the Universal Solutions page to look at the curated list of products for starting a firm, growing a firm, getting paid, building a team, mastering eDiscovery, and insuring your family and future.  Keep in mind the listed discounts are for ABA members only.  The ABA expects to add more products in the future.  Here are the highlights:

Universal Solution Category Discount Offered
to ABA Members
Projected
Annual Savings
Start a Firm Now Office 365

Clio

$222.00-$363.84
Help Me Get Paid Clio

LawPay

QuickBooks Online

$361.60-$595.00
Help Me Grow Lexicata

MailChimp

LexBlog

$169.90-$578.80
Help Me Build a Team Ruby Receptionists

Fancy Hands

$833.28-$1440.88
Help Me With eDiscovery eDiscovery Assistant

PageVault

 

$714.00-$1394.00
Help Me Insure My Future ABA Insurance

ABA Retirement Program

No data available

What is Firm Builder?

Firm Builder is available to ABA members only. Online modules provide help for technology basics, virtual assistance, and marketing.  This is also the place where ABA members can connect to a practice management consultant.  Here’s how the modules work:

  1. Select a Firm Builder topic (technology, virtual assistance or marketing).
  2. Answer a series of questions.  (Don’t worry, there are plenty of options for “I don’t know, or I’ve done some research, but tell me more.)
  3. Once you’ve answered all the questions, Firm Builder proposes a set of solutions, i.e., products that fit your needs.  The product list is curated from the Universal Solutions page of ABA Blueprint.

Long story short

Firm Builder is a fancy tool that ends up replicating the information already available under Universal Solutions.  While this is redundant, don’t let it dissuade you from using the tool as it may help you focus more specifically on the products that fit your needs. In addition, Firm Builder gives you the option of contacting a live practice management consultant.  Thirty minute consultations are available at no charge via phone or email, and users are promised a 24-hour turnaround time. Live chat is available for quick questions from 9:00 a.m. to 3:00 p.m. Eastern Time, presumably 7 days a week as no limitation is noted on the website.

Who are these consultants?  For now, most or all of them will come from CuroLegal, a private consulting firm working with the ABA.  In the future, the expectation is that practice management advisors – like those associated with your bar or liability coverage provider – will sign on as ABA Blueprint consultants.

Endorsements and Ethics

Does the ABA endorse the products listed on their site?

No, as a matter of ABA policy.  Products featured on the site were selected based on “suitability for solo/small firm practitioners, the stability of the vendor, the availability of integrations, and the standing of the product in the market.”

Do the products on the ABA site meet ethical requirements for all states?

The ABA does not certify the ethical suitability of a given product or service.  The website recommends consulting your local ethics body for advice or guidance. Oregon lawyers can speak to private ethics counsel or contact the Oregon State Bar General Counsel’s office.

Speaking of Oregon Lawyers

If you need help, please take advantage of the abundance of resources available to you through the Oregon State Bar Professional Liability Fund, including access to free and confidential practice management advisors.  You are also welcome to call or email me. I dedicated the last 20+ years of my professional career to helping Oregon lawyers. Thirty minute emails and calls are always free.  Turnaround time is next business day.

On the CLE front, it’s not too late to sign up for Unclaimed Client Funds this Wednesday. Or start the new year off right with “Fee Agreements – Ethical Dos and Don’ts.”  This live, online webinar is scheduled for January 18, 2017. Registration is open now.

All Rights Reserved 2016 Beverly Michaelis

The Lawyer’s Guide to Microsoft Word 2010

How would you like to become a master of Microsoft Word 2010?  Learn how to:

  • Customize the ribbon
  • Create PDF files within Word
  • Check for and remove metadata
  • Compare documents
  • Assemble documents
  • Edit collaboratively
  • Use images to illustrate your point
  • Use the “backstage” view
  • Apply paragraph numbering and styles
  • Find your way around using navigation panes
  • Apply numbering formats

Discover all this and more with: The Lawyer’s Guide to Microsoft Word 2010 by expert Ben Schorr.

This book is a bargain at $69.95 for ABA members, $41.95 for members of the Law Practice Management Section.  If you aren’t a member of the ABA, save 15% off any order from the ABA Store by using your Professional Liability Fund promotional code.  Visit the PLF Web site for more information.  Select ABA Products under Loss Prevention.

To hear about great deals like  The Lawyer’s Guide to Microsoft Word 2010 when they become available, “Like” the ABA Law Practice Management Section on Facebook.