Last Call: Ethical Guidelines for Client Files – June 7, 2017 CLE

Don’t miss “Ethical Guidelines for Client Files” on June 7, 2017.  Learn about OSB Formal Ethics Opinions 2016-191 – Client Property: Electronic-Only or “Paperless” Client Documents and 2017-192 – Client Property: Duplication Charges for Client Files, Production or Withholding of Client Files.

What are lawyers required to produce and when?

  • In some cases, lawyer notes and communications must be produced, in other instances they can be withheld: do you know the difference?
  • If you store data in proprietary law office software (e.g. in a docketing or practice management program), must you extract and convert the data for the client?
  • What circumstance might provoke disclosure of “confidential” information belonging to another client?
  • Can you refuse to deliver file material on the grounds that it is too burdensome or expensive to produce?
  • Is it possible to deliver less than the “entire client file” if the client consents?
  • Are you required to produce work product? Conflict information? Time and expense records? Reports about the client’s creditworthiness? Expert witness information? Metadata? Text messages?

Standards governing retention and storage of client files – Is it ethical to store client files electronically? Do any exceptions apply? What duties does a lawyer have when using electronic-only storage?

When to charge for locating, segregating, or duplicating file material – When you can (and can’t) pass costs on to the client, whether client originals can ever be destroyed, and your ethical responsibilities to the “impecunious client.”

Appreciate the difference between ethical duties and discoverability – The interplay of the Oregon Rules of Professional Conduct vs. state and federal rules of civil procedure.

Throughout the program “best practice” tips will be shared.

Date/Time/Location

Wednesday, June 7, 2017 from 10:00 a.m. to 11:30 a.m. Pacific Time.  This is a live, online webinar. Watch from your desktop computer or mobile device. Connect to audio via telephone or computer/device speakers.

Who Should Attend?

Lawyers, office managers or administrators, staff – anyone interested in learning more about Oregon’s new formal ethics opinions, 2016-191 and 2017-192.

Does the Program Include Written Materials?

Yes.  Written materials will be distributed electronically to all registered attendees before the event.

Ask Questions/Participate in Live Polling

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

Registration Fee

$25 – Visit the Upcoming CLE page or click here, or choose the Register button below. Secure payment processing powered by Eventbrite. Visa, MasterCard, Discover, and American Express accepted. Program materials included in the registration price.

Eventbrite - Ethical Guidelines for Client Files

MCLE Credits
1.5 Ethics MCLE Credits pending.

Can’t Attend?

Video and audio recordings of Ethical Guidelines for Client Files will be available to download along with the program materials following the June 7 CLE. Price: $25. Contact me or visit my online CLE store after June 7.

All Rights Reserved [2017] Beverly Michaelis

Thanking Clients Should Be Part of Your Closing Ritual

When was the last time you thanked clients for their business?  Asked for their feedback?  Welcomed their referrals?  Invited them to call you with questions or concerns in other areas of your practice?

All of this can and should be part of your file closing ritual. The work may be done, but your client relationship doesn’t have to be.

Your closing letter should cover the essentials, show appreciation, and cross-market your services

  • Inform the client that work is now complete and your representation is over
  • Return original client documents
  • Establish responsibility for current or future tasks
  • Advise the client of your file retention and retrieval policies
  • Answer final questions
  • Thank the client for allowing you to be of service
  • Invite the client to subscribe to your blog, YouTube channel, or social media posts
  • Educate the client about your other areas of practice
  • Let the client know you welcome referrals (see below)
  • Ask the client for his or her feedback (see below)

Send out surveys

A well-designed client survey will give you insight about what you’re doing right and what needs improvement. Increase your chances of getting a timely response by delivering the survey in a format suited to the particular client: paper, fillable PDF, or online via Survey Monkey or a similar service. For a side-by-side comparison of online survey tools, see The Best Online Survey Tools of 2016 from PC Magazine.

Sample Survey Language

The ABC Law Firm is committed to providing high quality service to all of our clients.  To help us achieve that goal, we would like your feedback regarding our services.  Please let us know how we are doing by completing the survey below.  

New to the process?

If you’ve never done a client survey before, spend some time doing a little research. Here’s a great post by Sterling Miller with his patented “ten things” to consider when creating, distributing, and analyzing a client survey.

Like to see a survey in action? Check out this example. Still not clear on what you should ask in your survey? Here is a list of 27 questions to include from Lawyers Mutual. Sample client surveys are also available on the PLF Website.  From the home page, select Practice Management > Forms > Client Relations.

Invite clients back and welcome referrals

If you perceive this as “trolling” for work, I hope you change your mind.  Letting clients know about your other areas of practice or inviting their referrals is perfectly professional:

As you may know, ABC Law Firm provides business, real estate, and land use services to a wide variety of clients.  If you know of anyone in need of legal services, I hope you will keep us in mind. 

Again, I thank you for your business and appreciate the opportunity to work with you.  If I can be of any assistance to you in the future, please do not hesitate to call me at (phone number). 

Automate first, then personalize

Client closing letters are “one more thing to do” in a busy practice.  I get it.  But don’t let them slide: your clients need the information and you need the protection that written disengagement letters offer.

  • Make the process easier by creating forms or templates.
  • If you practice in an area where your clients often have numerous tasks to perform, consider moving those items to an attached checklist.  It will make your letter shorter and the process easier for the client to follow.
  • Start using a file closing checklist. It will remind you to send a closing letter and take you through all the other details that must be tended to when a client file is closed. You can find a sample on the PLF Website.  From the home page, select Practice Management > Forms > File Management.
  • When you are ready to close a file, bring up your boilerplate. Modify it in a two-step process. First, change the form as needed to fit the case. Second, and more critical to your relationship, take the time to personalize your parting words to the client.

Find time to send personalized closing letters by delegating routine file closing tasks to staff, such as reviewing the file for documents that should be added to the firm’s template directories, adding additional names from the file to your conflict system, or entering the file in your closed file inventory.

Make thanking clients part of your everyday

Small gestures can make a big difference in client relationships.  Don’t wait until it’s all over to say “thank you.”   Express appreciation often: after visiting a client’s office or facility, for any kindness the client shows, in your holiday greeting, as part of your open house invitation, or in recognition of a long-standing relationship.  Remember: getting and keeping good clients is substantially easier than courting new ones.

All Rights Reserved Beverly Michaelis 2017

Ethics CLE June 7  2017 – Ethical Guidelines for Client Files

Join me for a CLE on June 7, 2017 about OSB Formal Ethics Opinions 2016-191 – Client Property: Electronic-Only or “Paperless” Client Documents and 2017-192 – Client Property: Duplication Charges for Client Files, Production or Withholding of Client Files. Learn:

What are lawyers required to produce and when?

  • In some cases, lawyer notes and communications must be produced, in other instances they can be withheld: do you know the difference?
  • If you store data in proprietary law office software (e.g. in a docketing or practice management program), must you extract and convert the data for the client?
  • What circumstance might provoke disclosure of “confidential” information belonging to another client?
  • Can you refuse to deliver file material on the grounds that it is too burdensome or expensive to produce?
  • Is it possible to deliver less than the “entire client file” if the client consents?
  • Are you required to produce work product? Conflict information? Time and expense records? Reports about the client’s creditworthiness? Expert witness information? Metadata? Text messages?

Standards governing retention and storage of client files – Is it ethical to store client files electronically? Do any exceptions apply? What duties does a lawyer have when using electronic-only storage?

When to charge for locating, segregating, or duplicating file material – When you can (and can’t) pass costs on to the client, whether client originals can ever be destroyed, and your ethical responsibilities to the “impecunious client.”

Appreciate the difference between ethical duties and discoverability – The interplay of the Oregon Rules of Professional Conduct vs. state and federal rules of civil procedure.

Throughout the program “best practice” tips will be shared.

Date/Time/Location

Wednesday, June 7, 2017 from 10:00 a.m. to 11:30 a.m. Pacific Time.  This is a live, online webinar. Watch from your desktop computer or mobile device. Connect to audio via telephone or computer/device speakers.

Who Should Attend?

Lawyers, office managers or administrators, staff – anyone interested in learning more about Oregon’s new formal ethics opinions, 2016-191 and 2017-192.

Does the Program Include Written Materials?

Yes.  Written materials will be distributed electronically to all registered attendees before the event.

Ask Questions/Participate in Live Polling

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

Registration Fee

$25 – Visit the Upcoming CLE page or click here, or choose the Register button below. Secure payment processing powered by Eventbrite. Visa, MasterCard, Discover, and American Express accepted. Program materials included in the registration price.

Eventbrite - Ethical Guidelines for Client Files

MCLE Credits
1.5 Ethics MCLE Credits pending.

Can’t Attend?

Video and audio recordings of Ethical Guidelines for Client Files will be available to download along with the program materials following the June 7 CLE. Price: $25. Contact me or visit my online CLE store after June 7.

All Rights Reserved [2017] Beverly Michaelis