COVID-19 and Legal Ethics

Do you have ethics questions related to #covid19?

Direct message @oregonethics on Twitter or send an email to ahollister@osbar.org.

Read the answers to FAQ compiled to date here and check back frequently for more information.

We are all in this together.

Is Your Conflict System All That and a Bag of Donuts?

If not, then setting aside 75 minutes to learn about best practices will be worth your while.

Join me next week for Effective Conflict Systems and learn the ethical principles behind conflict-of-interest screening, how to avoid common ethical traps, and the process of choosing, operating, and implementing effective conflict systems. Oregon-specific MCLE Ethics (.75) and Practical Skills (.50) credits pending.

Here are some of the issues this CLE will address:

  • When is the lawyer-client relationship formed?
  • What are my ethical duties toward prospects vs. current or former clients?
  • How essential are disengagement letters vis-a-vis conflicts?
  • Is a formal conflict tracking system ethically necessary?
  • When should I run a conflict check?
  • Who should be included in my conflict system?
  • What are best practices for conflict procedures?
  • How can I avoid ethical traps involving dual roles, multiple clients, firm transitions, office sharing, and more?
  • What resources are available to help with conflict evaluation and screening?

When & Where: Wednesday, March 11, 2020 from 10:00 a.m. to 11:15 a.m. Pacific Time. This is a live, online webinar.

Group Discounts: Available to firms who wish to register 5 or more attendees. Contact me for more information.

Participate in Polling & Ask Questions: Questions are welcome during the live event. Attendees are also encouraged to participate in live, anonymous polling.

How to Register

Register herechoose 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. Don’t miss out! You can register as late as 8:00 a.m. the day of the program (March 11).

Can’t Make It?

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.

All Rights Reserved 2020 – Beverly Michaelis

 

Effective Conflict Systems

Join me on Wednesday, March 11, 2020 for Effective Conflict Systems and learn the ethical principles behind conflict-of-interest screening, how to avoid common ethical traps, and the process of choosing, operating, and implementing effective conflict systems. Oregon-specific MCLE Ethics (.75) and Practical Skills (.50) credits pending.

Here are some of the issues this CLE will address:

  • When is the lawyer-client relationship formed?
  • What are my ethical duties toward prospects vs. current or former clients?
  • How essential are disengagement letters vis-a-vis conflicts?
  • Is a formal conflict tracking system ethically necessary?
  • When should I run a conflict check?
  • Who should be included in my conflict system?
  • What are best practices for conflict procedures?
  • How can I avoid ethical traps involving dual roles, multiple clients, firm transitions, office sharing, and more?
  • What resources are available to help with conflict evaluation and screening?

When & Where: Wednesday, March 11, 2020 from 10:00 a.m. to 11:15 a.m. Pacific Time. This is a live, online webinar.

Group Discounts: Available to firms who wish to register 5 or more attendees. Contact me for more information.

Participate in Polling & Ask Questions: Questions are welcome during the live event. Attendees are also encouraged to participate in live, anonymous polling.

How to Register

Register herechoose 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.

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.

Register Now!

All Rights Reserved 2020 – Beverly Michaelis

 

When Former Client Conflicts are Disqualifying

Quote

Division 1 of the Washington Court of Appeals recently issued a significant decision applying a new standard for former client conflicts in the disqualification context. In Plein v. USAA Casualty Insurance Company, the plaintiff homeowners filed an insurance “bad faith” claim against their property insurance carrier, defendant USAA, over coverage for a fire and subsequent…

via Court of Appeals: New Standard in Disqualification for Former Client Conflicts — NWSidebar

Texting Services for Law Firms

Why text clients? Well, for starters it’s fast and convenient. Clients don’t need WiFi to reply. More importantly texts are read, with an open rate of 98% compared to email, at roughly 20%.

But with pros come cons.

The moment you begin using your personal phone to text clients, you’ve sacrificed your privacy. Reason enough to find an alternative. But the concerns don’t stop there.

Messages will always be held hostage on your device unless special steps are taken to incorporate them as part of the client file, a requirement of OSB Formal Opinion No. 2017-192 Client Property: Duplication Charges for Client Files, Production or Withholding of Client Files.

The solution? A business texting service, like Zipwhip.

If you’ve attended any of my CLEs, odds are you’ve heard me speak about this product. Please allow me the opportunity to refresh your memory with the features and advantages of business texting.

7 reasons to use Zipwhip instead of your phone

  1. Your privacy is protected. Zipwhip sends and receives texts using your existing landline, VoIP, or toll-free number – not your personal cell.
  2. Text conversations in Zipwhip can be easily saved in PDF format and stored in the client file. Using cloud-based practice management software? Automate this step with Zapier.
  3. Any authorized person can login to the Zipwhip desktop app to send or receive messages, allowing improved access to client communications. Out of the office? Use the mobile app.
  4. Appointment reminders or other messages can be scheduled in advance using built-in templates. Auto replies and group texting are also available.
  5. Take advantage of the unlimited contacts feature to easily add important details to contact cards. Search for individuals or groups.
  6. Integrate texting into your firm website by adding a “click to text” button for clients.
  7. Easily receive (and file) photos sent by clients, investigators, or experts.

Security

Security is always a concern with client communication. Zipwhip offers data encryption in transit and at rest. It also conforms with federal opt-out requirements, includes support for eDiscovery, and offers monitoring for spam and phishing messages. Like most services operating in the cloud, there may be occasions when Zipwhip has access to your content or data. Read the terms of service.

Pricing

Zipwhip plans start at $35 per month. Annual plans are also available. Request a free  trial here. All you need is a verifiable (working) phone number. There is no hardware to install and no need to contact your current phone provider.

Alternatives

If you want to compare Zipwhip to other business texting services, check out these resources: TextUs vs. Zipwhip, Zipwhip’s Competitors, Revenue, Number of Employees, Funding, and Acquisitions, and Top 30 Zipwhip Alternatives.

Final Thoughts

Business texting offers a huge advantage over personal texting. Consider implementing a solution like Zipwhip, or one of its competitors, to protect your privacy, improve access to client communication, and ensure preservation of messages.

Rest assured, this is not a paid endorsement of any kind. I’ve been a fan of this product going on three years, ever since I first read Bob Ambrogi’s LawSites blog post.

All Rights Reserved 2019 Beverly Michaelis