Young Solo Personal Injury Lawyer Seeks Same for Walks on the Beach and Possibly Office-Share Arrangement

Young Solo Personal Injury Lawyer Seeks Same for Walks on the Beach and Possibly Office-Share Arrangement

In order to reduce expenses, pool resources, and keep from going stir crazy, solo practitioners may find it advantageous to share office space with other lawyers. Besides the obvious conflicts that arise when a “Felix Unger” shares offices with an “Oscar Madison,” lawyers considering an office-sharing arrangement need to be aware of the potential ethical problems inherent in such arrangements. Specifically, office–sharing lawyers will have to take additional measures to ensure that the public is not mislead as to the relationship between the lawyers, protect client confidences, and avoid conflicts of interest. In addition, the lawyers must make sure that any fee sharing between the lawyers complies with the rules of ethics.
When lawyers not in the same law firm share office space, there is a risk that the public will assume that the lawyers are part of the same firm. Office-sharing lawyers have a duty to clarify the relationship. They must ensure that in any communications they make, the public is not misled that there is any professional relationship between the lawyers when no such relationship exists. For example, office-sharing lawyers must avoid naming their affiliation in a way that implies there is a partnership or other professional association where none exists. Pursuant to RPC 116, lawyers involved in office sharing must make certain that the public is not misled into thinking that the affiliated attorneys are operating as a partnership. Rule 7.5 prohibits lawyers from practicing under a false or misleading firm name or letterhead. Rule 7.5(e) prohibits lawyers from stating or implying that they practice in a partnership or other organization except when that is the fact. Comment [4] to Rule 7.5 specifically forbids office-sharing lawyers from using a name such as "Unger and Madison,” which falsely suggests that the lawyers are practicing together in a firm. The lawyers must use their own individual letterhead, pleadings, business cards, invoices, and advertising. In addition, all office signs must clearly represent the relationship of the lawyers practicing in the office. If office-sharing lawyers receive legitimate indications that their representations may be misleading, they must take steps to remedy the problem.
A primary concern for lawyers who share office space is the protection of client confidences. Lawyers who share offices must take extra steps to protect client confidentiality. The lawyers’ confidential files should not be accessible by other office sharers. Lawyers must make certain that staff members are familiar with the rules of professional conduct and take proper measures to ensure that the staff members act in compliance with the rules. See Rule 5.3. Lawyers should restrict access to computers, telephone lines, copiers, and fax machines. Lawyers may share common space such as a reception area and conference rooms. However, conference rooms and offices should be organized in such a way that confidential client conferences cannot be overheard. Lawyers may share a receptionist if the receptionist does not have access to confidential information and does not give callers or visitors the impression that the lawyers are operating as a firm. The receptionist should answer the phone with a generic greeting such as "law offices" instead of "law offices of Unger and Madison."
Although lawyers who share office space are not automatically barred from representing clients with adverse interests, they should be cautious about undertaking such adverse representation. Pursuant to CPR 274, it is conceivable that two or more lawyers may maintain an office sharing arrangement and represent conflicting interests if the confidentiality of each attorney’s practice is maintained both in appearance and fact.[1] However, lawyers sharing office space, who are perceived as practicing in a professional affiliation, risk being disqualified from representing adverse parties under Rule 1.10(a). (CPR 274 provides that attorneys may not represent conflicting interests if they share personnel or a common telephone number.) “Firm” is defined in Rule 1.0 of the Rules of Professional Conduct. Comment [2] to Rule 1.0 explains that whether an association of lawyers will be treated as a law firm depends upon the manner in which the association holds itself out to the public. Comment [2] specifically states that “[a] group of lawyers could be regarded as a firm for purposes of the Rule that the same lawyer should not represent opposing parties in litigation, while it might not be so regarded for purposes of the rule that information acquired by one lawyer is attributed to another.” The safest course of action is to enter into adverse representation only in exceptional circumstances and only with the informed written consent of each client.
Finally, any fee sharing between office-sharing lawyers must meet the requirements set out in Rule 1.5(e). Rule 1.5(e) provides that a division of a fee between lawyers who are not in the same firm may only be made if the total fee is reasonable, the division is in proportion to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation, and the client agrees in writing to the arrangement.
Lawyers should contact their malpractice insurance carrier to discuss vicarious malpractice liability risks relating to office-sharing arrangements and to get the insurer’s risk management suggestions and advice. Sharing office space with another lawyer presents a unique set of ethical considerations. However, if the lawyers sufficiently address the issues presented, an office sharing arrangement can be both ethical and cost effective. If Oscar and Felix could do it, so can you.

Doing Business with Collegues and Associates

POSTED BY
Here are some basic tips,

1. If you are rendering a service or splitting fees with another Attorney (friends or not) make sure you agree on the terms and put it in writing. A signature from that person is sufficient to make it enforceable.

2. If you can ask for it, get some money up front.

3. Keep track of your hours and send the other Attorney an invoice to show the work you have performed and explaining your hourly rate.

4. If the other Attorney refuses to pay you, send them an invoice with a letter requesting the fees be paid within a certain amount of time. You want to keep the situation as contained and amicable as possible.

5. If all else fails take the appropriate collection methods. IF you have an enforceable writting you can 1. Sue or 2. Report that individual to the credit agencies or 3. Both.

Good Luck!

How to not pay for CLE

 Written by
We all pretty much dislike CLE and having to pay for them. Nonetheless there are ways you can get the credit you need and bypass the dent in your wallet. Here are some tips

1. Make sure you are on the email List serv for Bar Associations and Groups. They often offer workshops and volunteer opportunities in which person's who attend can receive credit.

2. If there is a non-profit that you are in touch with Legal Aid, Children Defense Center, Capital Punishment, ect. Write to them and inquire as to when they will offer to workshops and training sessions to private trainings.

3. To be admitted to some courts, Federal, or specific administrative courts you need to receive some training. Make sure they report these trainings to the bar so you can receive credit.

4. Contact the State Bar, along with their listings for paid CLE courses they sometimes have listings of some free training and CLE courses.

5. If you are planning on taking a training course and it is related to your practice of law, Email/call the CLE representative at the Bar and request Credit. He or She will provide you with a form. You will need to submit that form along with a copy of the program and if it is approved you will receive credit.

6. SOme ogranizations have web seminars. In NC you are allowed up to 4 hours of online CLE per year. Repeat the process to receive credit listed in #4 and or you may ask the sponsor to submit a request to have the program recognized by the Bar. In the Later, all the sponsor would have to do is report your hours with he credit hours to the bar.

Of Course there are some CLE you want to attend and must pay for, but its worth a try to get the rest covered. Hope this helps and Good Luck!

ANOTHER NOTE ON DIFFICULT CLIENTS

 POSTED BY
DEAR BAR REPRESENTATIVE,

I have a client who continues to harass me even after I have fully completed their case and is threatening to report a frivolous claim to the bar. Is there a preventative measure I can take as far as write a letter on my behalf and explaining the circumstances? In addition, I have written several letters to the client explaining that I no longer represent them because they case is closed and no further action is necessary. Is it ethical to write a client a cease and desist letter to end harassment?

RESPONSE

DEAR ATTORNEY,

There is nothing really for you to do until a claim is filed.

You can inform the client only to contact you in writing by mail. You may block emails and not take phone calls.

Laws, Resolutions and Policies Instituted Across the U.S. Limiting

Laws, Resolutions and Policies Instituted Across the U.S. Limiting
Enforcement of Immigration Laws by State and Local Authorities

http://www.nilc.org/immlawpolicy/LocalLaw/locallaw-limiting-tbl-2008-12-03.pdf

A note on how to deal with difficult clients

 Contributed by:

1. In the initial consultation set down the rules with the client, on expectations, and ground rules.

2. Make sure your client agreement outlines how payment will be accepted and your right to withdraw if you haven't received payment, if the client does an action to hinder and delay their case, if client harasses you, ect.

3. Let the client know your boundaries, i.e. office is open mon-fri from 9 am - 5pm. This kind of gives them an idea that they will most likely not reach you on a sunday.

4. Be careful what clients you give email access to. Most of my clients have been great with it, but some clients may abuse this access and email you constantly and that becomes a hindrance.

5. Document all communications with client, including, letters, phone calls. Be careful the information you place in them because a nasty client may use this information in a complaint down the line.

6. If you are noticing a problem with a client do not ignore it. Consult with your bar handbook and find out what are your remedies. Also look at your client agreement. If the action is covered in your agreement, you may have a valid point to withdraw.

7. Always get at least 50% up front before commencing services. This will avoid delays in gathering or preparing for the client's case.

8. In addition, consult with your colleagues on rates and on how to deal with such clients.

9. Stand your ground and be firm. If you let your client's irrational behavior slide, in the end you will be suffering the most.

10. In the end if its too much to deal with, plainly withdraw by giving your client, the court if necessary notice.

Law Firm Marketing - Increasing Your Revenue By Grading Clients

Law firm marketing is comprised of many different elements. The analysis of your firm in law practice management can be complex, however, lets begin with a key success variable - your current client base. Managing your client base is the most important aspect of your law firm marketing efforts. I suggest you begin with grading your clients.

The ABCD Solution

In looking at your client base for law firm marketing purposes, you can use a time-tested method of analysis. This is the key concept of "ABCD clients". Service professionals of many types use this method to accurately rate and organize their client base. And for effective marketing for law firms, this method is priceless. By the way it is not just about marketing. It is also about serving your clients better than ever.

As you certainly know in schools we use the letter grading system to rank the students in order of how well they perform on papers, tests, quizzes, etc. Similarly we will "grade" our clients. So think of your client grading system for law firm marketing as summing up all the aspects of a good client.

A client who gets an "A" would be one who has reasonable expectations, follows your instructions, is grateful for the work you do as well as courteous and professional in their demeanor with both you and in particular your staff. In fact if you are ever wondering if someone is an "A" client or a "D" client just ask your staff. The "A" client sends you referrals that turn into "A" clients as well. The "A" client is never concerned with the fees you charge since they know your services are worth the cost. They pay their bills on time all the time. And finally, their cases are interesting and substantial matters. Now isn't this the kind of client you are aiming for in your law firm marketing in the first place? Additionally, have you ever heard the old saying "birds of a feather flock together"? This means your "A" clients know a lot of other "A" clients who they can refer to you if you play your cards right.

Of course a client with a "B" grade would have many of the same qualities of the "A" client, but not all. A client with a "C" grade would be closer to a "D" client. A client with a "D" grade is the complete opposite of all the characteristics of an "A" client. They don't have reasonable expectations, they pay their bills late (some not at all), try to negotiate lower fees or retainers, don't follow your instructions (may even think they know better than you do), are rude or unprofessional, they do not send referrals (or if they do they are also "C or D" clients), their matters are not substantial and interesting, and they often complain about normal fees. Not a pretty picture these "D" clients. Let your competitors have them!

In targeting your law firm marketing, "C & D" clients are not the kind of client you want to attract. Most firms find that "C & D" clients take up between sixty to eighty percent of their time and efforts, while only bringing in twenty to forty percent of the firm's revenue. Does it make sense to cultivate this type "C & D" business? Of course not. You need to stop taking "C & D" business and "fire" (ethically of course) any "C & D" business that you can. Even if you only begin with the "Ds" it is a beginning. Quite liberating as well my clients report to fire these folks.

Effective marketing for law firms includes a realistic look at what will bring the best benefit for the best clients. Ridding yourself of clients who are graded a "C or D" is one of the best things you can do for your "A & B" clients. Without spending all your time on the "C & D" problems and concerns, you can pour your attention into your "A & B" clients (moving their matters to conclusion faster thus you can do more of them). Thus the "A & B" clients will be even more satisfied, resulting in more referrals and more business from them. Clearly a "win/win" for all.

Another big, big advantage of spending less or no time on your "C & D" business is you can focus more time on developing your "A & B" referral network. Your increased marketing time and more focused law firm marketing will result in more quality "A & B" business.

What I have found working individually with over 500 attorneys is most of you will need to limit your practice areas to one, two or maybe (and I do mean maybe) three practice areas in order to drop your "C & D" cases. Too many attorneys are practicing "threshold law" that is defined as taking anything that comes across the threshold of your office. In selecting your practice areas try to incorporate cross-salable areas, such as wills and trusts, real estate, and/or estate planning for example. Select the most lucrative practice areas you have and then pour your law firm marketing efforts into those targeted practice areas while focusing on "A & B" clients and referral sources. This may be a bit frightening at first and in the long run you will be extremely glad you did.