Tag Archives: Beverly Michaelis

Quadripartite Relationships

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The Washington State Bar Committee on Professional Ethics recently released advisory opinion No. 201802 addressing “quadripartite” relationships.

As Mark Fucile writes on NW Sidebar:

Tripartite relationships among an insurer, the insured, and defense counsel have been delineated extensively in both court decisions and advisory opinions. “Quadripartite” relationships, by contrast, are a fairly new development and remain comparatively unplumbed.

While the addition of a fourth party to the insurer/insured/defense counsel relationship is rare, it can occur. This raises the question: can defense counsel share confidential information with the fourth party?

The answer under advisory opinion no. 201802 is yes – if the client consents and if doing so is in client’s interest and does not jeopardize attorney/client or work product privilege.

Oregon has no opinion on quadripartite relationships.

All Rights Reserved 2019 Beverly Michaelis

Practical Time Management

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Learn how to take control of your workload, manage your busy schedule, focus on your priorities, and make your workday more productive by attending Practical Time Management on March 13, 2019.

To Register

Click here, click on the image above, or visit the Upcoming CLE page. Secure payment processing powered by Eventbrite. Visa, MasterCard, Discover, and American Express accepted. Program materials included in the $25 registration price.

Date – Time – Location

Wednesday, March 13, 2019 from 10:00 a.m. to 11:15 a.m. Pacific Time. This is a live, online webinar.

Who should attend?

Lawyers, office administrators, legal staff – anyone interested in improving organizational and time management skills.

Group Discounts

Discounts are available to firms who wish to register 5 or more attendees. Contact beverly@oregonlawpracticemanagement.org prior to registering.

Questions & Live Polling

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

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.

Program topics will include

Employing strategies to better manage time
Respecting the 80/20 rule, creating a daily plan, allowing buffer time, protecting your productivity, becoming a better estimator of billable work, staying on course with countdowns and weekly reviews, and more.

Coping with an overwhelming workload
Pausing new clients, scheduling a “catch up” day, letting go of non-critical projects, renegotiating deadlines, firing difficult clients, delegating, and outsourcing.

Overcoming procrastination
Selecting where and how to start, getting motivated, experimenting with Pomodoro and the Power of 3, clearing the clutter, managing big projects, and overcoming distractions.

Deploying organizational solutions
Implementing client policies, automating forms and workflows, creating checklists, investing in practice management software, optimizing email and text messaging, and considering apps designed to boost focus and rescue billable time.

Register now!

All Rights Reserved 2019 Beverly Michaelis

 

Proposed 2019 UTCRs

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Comments are due by February 22, 2019 on the latest round of proposed changes to the UTCRs. These include:

New UTCRs

Proposed New UTCR 5.010 – Consumer Debt Collection Cases

Applies to cases filed by debt buyers and debt collectors acting on their behalf. Requires inclusion of identifying information in the action title, the body of the initiating pleading, and a completed Consumer Debt Collection Disclosure Statement (CDCDS). Directs the court to issue a 30-day notice of dismissal if the plaintiff fails to provide a CDCDS. When seeking a default, requires plaintiff to include a declaration under penalty of perjury that the plaintiff has complied with certain pleading requirements. Note: a sample CDCDS form will be made available by the OJD on its website. See proposed form on pages 70-73 of the Notice Seeking Public Comment on Proposed Uniform Trial Court Rules Changes for 2019.

Proposed New UTCR 11.110 – Exhibits in Juvenile Cases

Cedes power to local courts for creating a process to submit exhibits in juvenile cases. If electronic filing is permitted by SLR or order of the presiding judge, requires maintenance of an exhibit log, eFiling in conformance with UTCR 21.040, and a timeline for submission. Also see proposed amendments to UTCR 6.050, 6.120, 21.020, and 21.070; 11.120 (new).

Proposed New Chapter 24 – PCR Cases

Creates statewide rules for post-conviction relief (PCR) cases; replaces current SLRs on post-conviction relief. The proposed UTCRs would address case initiation; the defendant’s motion, demurrer, or answer; scheduling in complex cases with appointed counsel; exhibits; additional motions, briefings, and exhibits; disclosure of witnesses; appearance at hearings and trial; continuances; presiding post-conviction judge; and trial scheduling.

Repealed UTCRs

Repealed UTCR 2.010(7) – Certificate of Document Preparation

Removes the certificate of document preparation, which indicates whether a
litigant received assistance in completing the document and whether they paid
for that assistance.

Amended UTCRs

Amended UTCR 2.010(9) – Foreign Language Exhibits

Requires a person submitting a foreign language exhibit to simultaneously submit an English translation with a declaration signed by the translator. Forbids court interpreters from translating or interpreting exhibits during the course of a proceeding; allows interpreters to interpret oral testimony regarding the content of an exhibit.

Amended UTCR 2.010(13) – Format of Case Citations

Changes the format for case name citations from underlined to italicized to align trial court citations with the citation format used in the appellate courts.

Amended UTCR 5.150 – Streamlined Trials (Formerly Expedited)

Implements improvements to time to trial, pretrial conferences, written discovery agreements, limitations on discovery, deadline for completion of discovery, discovery disputes, trial stipulations, and the related forms.

Amended UTCR 8.010 – Declaration in lieu of Affidavit

Allows the use of a declaration as an alternative to notarized affidavits for filings in
certain family law proceedings. Also see proposed amendments to UTCR 8.040.

Amended UTCR 8.090 – Certificates Re Child Support Proceedings, Orders, or Judgments

Requires certificate to be placed at the end of the motion or petition, immediately above the declaration line; adds new information to certificate. A model form containing the required information is available on the OJD website.

Amended 10.020 – DMV Record

Requires the DMV to electronically file the record when a final order of suspension is appealed to a circuit court; would allow each circuit court to adopt its own SLR describing how and in what form the DMV record must be submitted. Also see proposed deletion of UTCR 21.070(3)(k) removing DMV records from the list of documents that must be conventionally filed.

Amended 21.070(3) – Conventional Filing of ERPO Petitions

Adds extreme risk protection order (ERPO) petitions, and supporting affidavits, to the list of documents that must be conventionally filed.

Amended 21.070(5) – Allowing Local Courts to Adopt SLR Requiring Separate Notice of Expedited Filings

Allows local courts to adopt an SLR requiring that filers separately notify the court that an expedited filing has been submitted.

Amended 23.020 – Complex Litigation Cases

Removes the requirement that parties to a case assigned to the Oregon Complex
Litigation Court (OCLC) must share the cost of copying and providing the trial
court file to the assigned OCLC judge, but allows the OCLC judge to direct the
parties to provide copies of documents, in a manner the judge specifies.

Commenting on the Proposed UTCRs

Comments can be submitted online, via email, or by traditional mail.

Online
Go to the Notice Seeking Public Comment on Proposed Uniform Trial Court Rules Changes for 2019 and click on the button next to the item of interest.

Email
utcr@ojd.state.or.us.

Traditional mail
UTCR Reporter
Supreme Court Building
1163 State Street
Salem, Oregon 97301-2563

To attend the spring meeting of the committee on March 8, 2019 contact the UTCR Reporter at utcr@ojd.state.or.us or Bruce C. Miller at 503-986-5500 to schedule a time for your appearance. Recommendations that are adopted by the Chief Justice will take effect August 1, 2019.

All Rights Reserved Beverly Michaelis 2019

 

Six Steps to Reduce Stress

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Practicing law can be stressful. Lawyers are under constant pressure to meet deadlines and client demands, and law-practice environments can be highly competitive. If you find yourself feeling stressed or anxious fairly often, it’s time to take action. Chronic stress causes chemical imbalances in the body and can weaken the immune system, making a person more susceptible to serious medical conditions such as heart disease and cancer […]

In “How to Reduce Stress in the Legal Profession,” posted on NWSidebar, John Allison shares six steps to avoid chronic stress:

  • Choose a Legal Career that is Meaningful for You
  • Don’t Suffer in Silence
  • Set Boundaries Around Your Time
  • Give Back to the Community
  • Practice Mindfulness
  • Make Time for an Avocation You Enjoy

For each step, Allison offers sage advice. For example:

If you start to dread coming to work, take steps to identify the source of your discomfort. A conversation with a colleague or a supervisor might improve the situation. If you feel a disconnect between the culture of the organization and your personal values, accept the fact that you will not be able to change the organization’s culture. You might decide it’s time to start looking for another job. Whatever course you take, don’t simply hunker down and try to ride it out.

This post is a good read. Check it out. If you’re motivated to make some changes, free and confidential support is available from the attorney counselors at the Oregon Attorney Assistance Program.

All Rights Reserved 2019 Beverly Michaelis

Regain Control in 2019

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Is it really possible to change your work habits?

Absolutely! The new year offers each of us the chance to make changes. Not by setting lofty goals, but by committing to small adjustments that can make a big difference in attitude, health, and resilience.

Cut your work hours

Several 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.”

Your micro goal: Commit to a 9 hour (or less) work day. The occasional exception is fine, just don’t backslide.

Stand, move, stretch

Sitting in your chair for hours on end shouldn’t be the norm. Stand, move, stretch. Consider a treadmill or standing desk. Better yet, leave the office for a few minutes and walk around the block! Your joints and muscles will thank you.

Your micro goal: Move at least once an hour. Use a cheap timer, an app, recurring task reminders, or whatever it takes to remind yourself to get up. No one will care if you stretch during a deposition or walk to the back of the room during a CLE.

Say no

Find it hard to turn people away? You aren’t alone. I don’t really have a choice. I need the money. Family, friends, or former clients are depending on me. These are things we tell ourselves. Follow this advice to turn the tide.

Your micro goal: Say no at least once a month. As you gain confidence, don’t hesitate to say no whenever necessary.

Cull the herd

Too much to do and not enough time? Cull the herd.

  • Review your current client list for matters you regret taking.  If feasible, say goodbye to those clients.
  • Farm out work or delegate to others in your firm. If you’re a solo/small firm practitioner, reach out to colleagues for referrals to a contract lawyer who can get you over the hump.

Your micro goal: Apply your newfound client/case criteria to future matters and screen out cases that aren’t a good match for you.

Protect your priorities

What do you want to get done? What are your priorities? When is the last time you even thought about what you wanted?

It’s easy to get pushed around by interruptions: phone calls, texts, emails, pop-in clients, or colleagues.

Your micro goal: Block out time on your calendar for work you want to get done. Treat this time as if it were a client appointment. (No interruptions allowed.) Stay off the Internet unless the task at hand involves being on the Internet. Give the matter your undivided attention.

Put your calendar first

If your calendar contains your personal and business commitments, including time blocks to get work done, let it determine the scheduling for all new promises.

Your micro goal: Check your calendar before promising completion of a time-related task. If there is no “deadline” per se, determine when you can reasonably fit the new project into your schedule. Add it to your calendar and back it up with a task reminder. You gain nothing by promising a quick turnaround if you can’t keep your word.

Triage

If you’re in a pickle – a deadline is approaching and you know you can’t meet it  – the best approach is to face it head on. I know this can be hard. We assume clients or other lawyers will yell at us. The truth is, people are more understanding than we give them credit for. Everyone has been there. They get it.

Your micro goal: Renegotiate deadlines you can’t meet.

You can start over and you can make changes. Don’t let anyone tell you otherwise.

All Rights Reserved Beverly Michaelis 2019