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How COVID-19 and a Recession Could Impact Malpractice Claims

During a recession, and for the three years following, there has historically been a huge spike in paid claims, which is a number that typically doesn’t return to a more normalized level until five years post-recession. In addition, and looking back at the events of 2008 specifically, legal malpractice insurers experienced a spike in paid [...]

ALPS COVID-19 Risk Management Alert

While missed deadlines are always a risk management concern, the significant number of uncertainties brought about by the COVID-19 pandemic only serves to underscore the importance of remaining ever diligent in one’s effort to never miss a critical deadline. The good news, however, is many courts and a few states have started making moves to [...]

How to Write a ‘Closing Your Practice’ Letter

Occasionally a lawyer will reach out to me wanting clarification on what should be covered in a letter notifying active clients, whose matters the lawyer will be unable to complete in time, that they are closing their practice. Here’s my response. Ordinarily these letters will inform each client of any relevant time limitations or time [...]

Two Letterhead/Advertising Missteps You Don’t Want to Make

I’ll admit that advertising missteps rarely garner much attention from those who enforce the Rules of Professional Conduct. This shouldn’t be much of a surprise because, truth be told, complaints about what some firm is doing with their advertising campaign almost always come from competitors. Disciplinary complaints filed by consumers of legal services upset with [...]

Make the Call

Guest Blogger Karen Thalacker advocates that sometimes a good, old-fashioned phone call makes the most sense. In the past, attorneys communicated regularly via telephone but that all changed with email. After all, an email can be sent at any time of the day or night and the communication is easy to pass along to your [...]

By |2020-02-25T14:11:22-07:00February 25th, 2020|Managing Your Practice, Young Lawyers' Corner|0 Comments

Ethics and Disaster Recovery Planning

The ABA’s issuance of Formal Ethics Opinion 482 in September of 2018 finally made it quite clear. Lawyers have an ethical duty to develop a disaster recovery plan. Consider the import of how the Standing Committee on Ethics and Professional Responsibility concluded their opinion when they stated: “Lawyers must be prepared to deal with disasters. [...]

ALPS In Brief — Episode 41: The Perils of Bad Follow Through

In this episode of ALPS In Brief, ALPS Risk Manager Mark Bassingthwaighte shares an insightful story of a dream cruise, a freak accident, and an attorney whose casual favor for a friend became a malpractice nightmare. Transcript: Welcome. You're listening to ALPS In Brief. The podcast that comes to you from the historic Florence building [...]

Closure letters – What Are They and Why Should Lawyers Bother with Them?

In the Claims world, we love closure letters. Unfortunately, we rarely see them in the files – perhaps that is because attorneys who send closure letters may not be sued as much as those who do not send closure letters! When we use the term, “closure letter” we are referring to a letter that the [...]

What You Learn at the Office Stays at the Office — A Support Staff Confidentiality Primer

Trust, which is built upon a lawyer’s ethical duty to keep all information relating to the representation of a client confidential, is the hallmark of the attorney-client relationship. Think about it. A confidentiality rule makes sense because it’s an excellent way to encourage prospective clients to seek legal assistance when called for and to help [...]

I Am Not a Blogger

I have been asked to contribute to the ALPS Blog. I am not a blogger. As I tell people who will listen (or read), my first experience with a computer came in my second year of college. That computer was a dot matrix keyboard that you typed out your BASIC, COBAL or FORTRAN computer language [...]

By |2019-12-19T10:53:01-07:00December 19th, 2019|Managing Your Practice|0 Comments