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Malpractice Insurance Basics: Part 2

Prior Acts Coverage With the short history lesson of Part 1 behind us, we can now start to dig into the basics of malpractice insurance.  In order to do so, we need to first understand what coverage for prior acts actually is.  Let me start by defining the term “retroactive coverage date.” The retroactive coverage [...]

How to Recognize When Rationalizations and Creative Lawyering Aren’t the Answer

I’ve heard all kinds of crazy comments from lawyers over the years. For example, during a CLE event with a state bar’s ethics counsel sitting next to me on a speaker’s panel, two lawyer attendees tried to convince others in attendance that the panel’s position on conflict of interest resolution was clearly wrong. They stood [...]

The Fallacy of Trying to Bring One’s Personal and Professional Lives into Balance

For years so many, myself included, have talked about the importance of trying to find a healthy balance between work life and personal life as a way to take care of one’s self. Those who tried and succeeded did so believing that, once there, all would be good with the world. I’m not buying it [...]

Why Effective Client Communication Is all About Details and Documentation

ABA MRPC Rule 1.4 Communication seems clear on its face. Attorneys are to keep clients reasonably informed about the status of their matters as well as to promptly comply with reasonable requests for information. Attorneys are to also explain a matter to the extent reasonably necessary to permit all clients to make informed decisions regarding [...]

A Simple Way to Help Address Sexual Harassment in the Legal Profession: Take the Women Lawyers On Guard Survey and Pass It On.

The following is a guest post from Cory M. Amron, president of Women Lawyers On Guard Inc. Women Lawyers On Guard Inc., (WLG) is a non-profit national network of women and men who advocate and work for equality and justice by matching its volunteers with the legal needs of other non-profits, signing onto amicus briefs, [...]

How Failing to Plan for One’s Retirement Can Become A De Facto Plan to Fail

In light of my 60th birthday celebration soon becoming a memory, my wife and I have been spending a fair amount of time of late reviewing our investments, finalizing our estate plan, and discussing various options should our life together ever take some unanticipated turns. We’re doing this because we recognize that a job loss, [...]

Task Batching: How to Manage Hundreds of Emails Every Day

I could hear it in his voice — the frustration over trying to figure out how to deal with a never-ending flow of email was palpable. Unfortunately, before I could share a few thoughts, the elevator door opened and I had to walk away. If only I could have had a little more time. That’s [...]

Malpractice Insurance Basics: Part 1

Malpractice Insurance Claims made vs. Occurrence-based Coverage Before digging into the basics of legal malpractice insurance, I’m going to share a little insurance history in order to set the stage.  Prior to the 1970’s, legal malpractice policies were occurrence-based, which meant that if a malpractice policy was in force during the time the alleged malpractice [...]

When It’s Time to Withdraw

Sometimes things change as matters progress, like the legal needs of the client, your ability to continue to provide competent representation, the effectiveness of the attorney-client relationship, or even the ability of your client to pay your fees. And such changes, for some, lead to a recognition that the time to withdraw has arrived. This [...]