LOMAP PRACTICE TIPS

Internet Research Aid

SurfSaver allows you to save and organize entire web pages from your browser into a searchable filing cabinet.  So whether you are collecting and organizing information on a legal topic, or need to archive a "snapshot" of a web page, SurfSaver is a quick and easy way to store web pages into a searchable archive.  According to the developer, the utility is an ideal tool for researchers, packrats, and everyone else collecting information on the Internet.  Go to www.surfsaver.com

Managing Work

When you get a new case/project/task, do something on it almost immediately no matter how small, just do something.  It can be something as simple as making a file folder and putting a note of to-dos in it.

Even if the deadline for the project is far off, it is helpful to do something on it and you can put the project away or stage it on a work table until you are ready to spend time on it.  By then you will be "completing" the project and not "starting" it.

Place several periodic reminders to work on it in your electronic tickler, such as Outlook or Amicus Attorney.  This all helps to stay on top of projects and minimizes the constant feeling of being overwhelmed by projects  whose deadlines are approaching.

Contract Lawyer and Of Counsel

During your legal career, you may have the opportunity to affiliate as of counsel or to do contract legal work while waiting for a longer-term opportunity. Sometimes a lawyer prefers doing contract work and develops a reputation in a niche area that generates repeat projects and referrals.

An of counsel affiliation usually means there is a written agreement about compensation and other factors about the relationship. Such other factors are insurance, fringe benefits, expense reimbursement, access to staff, office space and perhaps expectations about developing new business. An of counsel relationship may be a steppingstone to an invitation to join the partnership or it may be an end in itself as a lawyer winds down a career--or something in between.

A contract lawyer may work for one or several firms or individuals simultaneously. The lawyer may or may not sign pleadings and often is paid according to the hours billed to files.  Review ABA Opinion 88-356.

When considering either relationship, think about the answers to these questions:

Has the contracting firm had experience affiliating in this fashion?

Does the contracting firm or individual have malpractice insurance?  If so, does the policy cover a contract lawyer or of counsel?

Can you be added at no charge? If a charge is imposed, who pays it?

Will the policy cover work outside of the firm?

Does the contracting firm or the lawyer pay the deductible?

If you meet with a client of the contracting firm, on whose behalf are you meeting, yours or the firm's?

How are conflicts of interest handled? Is there a reporting mechanism and screen that can be used?

Is there a written agreement?

There are books about both types of arrangements with sample agreements and discussion of the respective issues.  See The LOMAP Lending Library for titles.

Communication Standards

Establish your office rules for using and responding to phone calls and e-mail messages. Distribute those policies to all of your current clients. Provide a copy to all new clients when you accept their cases or business. You may also incorporate them into your engagement letter.

This helps keep control of the how information is communicated and disseminated. Also, you manage the client's expectations. Some of the policies you might include are:

--concerns with confidentiality using e-mail
--how quickly e-mail and phone calls will be returned
--e-mail should NOT be used when an immediate response is needed
--clients must use virus protection software if they are going to send attachments
--you may NOT want clients to send e-mails with attachments.

 Voicemail Etiquette

By changing your voicemail greeting regularly, you save your clients some frustration. Add a personal touch to voicemail: Change your greeting daily -- or at least weekly -- to reflect your schedule so callers will know whether you will receive their message in ten minutes, ten hours or ten days! Avoid suggesting that callers leave a detailed message. Why? Afterward, the client may believe he/she has a lawyer--you!

Get Out of the Warehouse Business!

Consult clients concerning the disposition of their files and encourage them to preserve the files on their own. Lawyers are advocates and advisors, not warehousemen or perpetual repositories for the files of their clients. A good lawyer need not retain clients by holding on to their files, and a poor one will soon learn that such tactics avail nothing but additional expense.

From New York State Bar Association, Opinion 460.

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