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New ABA Ethics Opinion – Lawyers Working Remotely

Posted on 01/11/2021 by beverlym
2

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

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Posted in Confidentiality, Ethics, Technology | Tagged ABA, ABA Formal Opinion 495, Beverly Michaelis, cloud computing, confidentiality, ethical, Ethics, legal ethics, Metadata, Oregon law practice management, privacy, professional responsibility, security, Technology, Unauthorized practice of law, UPL | 2 Replies

CLE Discount Sale

Posted on 12/07/2020 by beverlym
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Starting today through December 31 get 50% off all CLEs by entering the code SAVE50 at checkout! Visit Oregon Law Practice Management On Demand CLE and choose from any of these programs:

Oregon-Specific Ethics Credits

  • Abandoned Funds: Trust Account Dilemmas
  • Advanced Trust Accounting
  • Trust Accounting Fundamentals

General Ethics Credits

  • Ethical Guidelines for Client Files
  • Fee Agreements – Ethical Dos and Don’ts
  • Effective Conflict Systems

Practical Skills/General Credits

  • 7 Steps to Building Better Client Relationships
  • Best Practices for Client Intake, Engagement, and Workflow
  • Best Practices for Docketing, Conflicts, Disengagement, and File Retention
  • eCourt Malpractice Traps
  • Getting Paid
  • Oregon eService
  • Technology Tips for the Busy Legal Professional

Personal Management Assistance Credits

  • Practical Time Management

Use the SAVE50 discount

Browse the CLEs, select your programs, then click the shopping cart icon at the top right of your screen. Choose Checkout, enter SAVE50 in the discount field, and click Apply.

Instant digital delivery with options to save to the cloud or your mobile device

Links to digital files are delivered instantly at checkout with your purchase confirmation email. Download, stream, save to Dropbox, or send files to your mobile device or desktop computer.

Add credits now to your MCLE transcript

After you screen a program, you can add it immediately to your online Oregon State Bar MCLE transcript record. Download the instructions here.

Your on demand CLE purchase includes

  • MP4 download (combined audio and video file)
  • M4a download (audio only)
  • Written program materials, including presentation slides and resources
  • Answers to polling questions asked during the live CLE
  • MCLE information

Free eBook!

If you visit my online store, be sure to download your free copy of Tips for Improving Client Relationships.

Secure payment processing

All transactions are handled by Selz and protected with encryption. Selz is SSL secure and PCI compliant. Visa, MasterCard, American Express, and Discover accepted. Click here to buy CLEs and save money!

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Posted in Client Relations, Collections, Confidentiality, Conflicts, Court Procedure, Credit Cards, E-Court, E-Mail, eBooks, Ethics, Fees, Financial Management, Fraud Prevention, IOLTA, Malpractice Avoidance, Marketing, Office Systems, Resources, Social Media, Solo Practice, Staff, Technology | Tagged abandoned funds, Apps, Automation, Beverly Michaelis, Billing, CLE, Client Intake, Client Relations, client screening, cloud computing, Collections, confidentiality, conflicts, conflicts of interest, Credit Cards, Deadlines, disengagement, Docketing, ecourt, efiling, email, eservice, ethical, Ethics, fee agreement, fee agreements, Fees, file retention, Finances, Financial Management, fraud, IOLTA, law, Law Practice Management, lawyer trust account, legal, Malpractice, Marketing, Metadata, Office Systems, Oregon, Oregon law practice management, Oregon Rules of Professional Conduct, organization, paperless, privacy, productivity, security, Social Media, social networking, Solo Practice, Staff, Technology, theft, time management, trust accounting, unclaimed funds, UTCR, withdrawal, workflow | Leave a reply

The Case for Native, I Swear

Posted on 10/19/2020 by beverlym
1

From the expert on eDiscovery:

Regular readers may tire of my extolling the virtues of native forms of production; but battleships turn slowly, and this one must yet be turned. …

The Case for Native, I Swear

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Posted in Technology, Trial Practice | Tagged Beverly Michaelis, discovery, eDiscovery, electronic discovery, litigation, Metadata, Office Systems, Oregon law practice management, Production, Technology | 1 Reply

Looking Back at 2019

Posted on 12/30/2019 by beverlym
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Looking back at 2019 we covered a lot of ground. From posts on your career and well-being to eCourt, court procedures, finances, security, technology, and more. Here’s the recap:

Career

  • Learning the Business of Being a Lawyer
  • Why Law School is More Than an Investment in the Law
  • Why You Should Set up a Rural Practice
  • Why Young Lawyers Should Go Solo

eCourt and Court Procedures

  • Capture Text Messages for Use in Court
  • Filing Fees and Other News
  • Phishing Scam Hits OJD Users
  • NextGen CM/ECF for Federal Courts
  • Proposed 2019 UTCRs

Finances

  • Abandoned Funds: Trust Account Dilemmas
  • Client Bills Should Tell a Story
  • Getting Paid
  • June is the Time to Identify Abandoned Funds
  • Quick Tip: Who Gets the Money?
  • Remote Deposit Capture for Law Firms
  • Tiplet: Bank Holds on IOLTA Deposits

Security

  • A Scam in Time for Christmas
  • Astonishing Admission from Amazon About Your Data
  • Cybercrime: An Ongoing Threat to Law Firms
  • Ethics of Disaster Recovery and Data Breaches
  • Imposter Fraud
  • Phishing Scam Hits OJD Users

Technology

  • 4 Easy Steps to Page Numbering in Word
  • 10 Products, Platforms, and Services for Lawyers
  • 20 Apps for Lawyers
  • 21 Key Takeaways of Electronic Storage
  • 2019 ABA TECHSHOW Tips
  • AI and Law Firms
  • Automate Something – Anything!
  • Capture Text Messages for Use in Court
  • Legal Trends
  • Texting Services for Law Firms

Well-Being

  • Coping with Holiday Stress
  • Law Student Mental Health
  • National Survey of Judges Released
  • Practical Time Management
  • Six Steps to Reduce Stress
  • Stress in Life and the Law
  • Well-being Template for Legal Employers
  • You Can Take a Vacation

Workflow and Office Systems

  • Organize with OHIO
  • Regain Control in 2019
  • Virtual Mailbox Services

Odds & Ends

  • Access to Justice
  • How to Terminate an Employee the Right Way
  • Should MCLE Requirements Follow Emerging Trends?
  • Quadripartite Relationships
  • When Former Client Conflicts are Disqualifying

Happy (almost) New Year’s Eve and Happy New Year!

All Rights Reserved 2019 Beverly Michaelis

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Posted in Client Relations, Collections, Confidentiality, Conflicts, Court Procedure, Credit Cards, E-Court, E-Mail, Ethics, Fees, Financial Management, Fraud Prevention, IOLTA, Malpractice Avoidance, Marketing, Office Systems, Solo Practice, Technology | Tagged 2018 year in review, advanced trust accounting, anti-virus software, Apple, assistive technology, Beverly Michaelis, Billing, CLE, Client Intake, collaboration tools, confidentiality, conflict management, Continuing Legal Education, contract lawyers, copy and paste, credit card surcharges, discovery, Docketing, efiling, eservice, fee agreements, file retention, Goals, IOLTA, malware, mandatory malpractice coverage, Marketing, Metadata, Microsoft Word, Negotiation, opposing counsel, Oregon law practice management, Pacer, password generator, Passwords, referral service, security, trust accounting | Leave a reply

The Year in Review

Posted on 12/31/2018 by beverlym
Reply

Our “year in review” actually began two weeks ago when we focused on lawyer well-being. A worthy topic indeed! As I said then: everyone needs a pressure relief valve. Maybe yours is learning how to say no, deploying strategies to take back your schedule, or finding time to get away from the office for a while. 

Today I present a more traditional “year in review” list touching on eCourt, eService, finances, technology, workflow, and more. Happy new year’s eve and happy new year!

eCourt and eService

  • Asked and answered: Oregon eService questions
  • Revisiting eFiling tips
  • The case for Oregon eService
  • Tiplet: proposed judgments and orders

Finances

  • Billing practices and lawyer compensation
  • Credit card surcharges revisited
  • Get your fee agreements here!
  • Time to begin year-end tax work

Technology, Data Security, and Workflow

  • Bidding Adieu to TECHSHOW
  • Collaboration tools in Microsoft Word
  • Don’t copy and paste
  • Focus on security – more from the 2018 ABA TECHSHOW
  • Obstacles to improving workflow
  • See the data Apple has collected on you
  • The best of 60 in 60 from the 2018 ABA TECHSHOW
  • The best password generators for the new year
  • Tiplet: Anti-virus software and assistive technology
  • Tiplet: Using your iPhone as a magnifier

Odds & Ends

  • 2018 CLEs – best practices for eService, workflow, trust accounting and beyond
  • Are you an effective negotiator?
  • Commit to your goals to achieve marketing results
  • Digital file retention
  • Engagement letters are your friend
  • Legal news: Mandatory liability coverage in Washington / free access to PACER
  • Mastering motions to compel
  • Nonlawyer ownership of law firms
  • Starting your own for-profit referral service
  • Using contract lawyers
  • When opposing counsel doesn’t respond

All Rights Reserved 2018 Beverly Michaelis

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Posted in Client Relations, Collections, Confidentiality, Conflicts, Court Procedure, Credit Cards, E-Court, E-Mail, Ethics, Fees, Financial Management, Fraud Prevention, IOLTA, Malpractice Avoidance, Marketing, Office Systems, Solo Practice, Technology | Tagged 2018 year in review, advanced trust accounting, anti-virus software, Apple, assistive technology, Beverly Michaelis, Billing, CLE, Client Intake, collaboration tools, confidentiality, conflict management, Continuing Legal Education, contract lawyers, copy and paste, credit card surcharges, discovery, Docketing, efiling, eservice, fee agreements, file retention, Goals, IOLTA, malware, mandatory malpractice coverage, Marketing, Metadata, Microsoft Word, Negotiation, opposing counsel, Oregon law practice management, Pacer, password generator, Passwords, referral service, security, trust accounting | Leave a reply

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