March 2000

Gems of the Week from the Law Office Management Assistance Program

by Marty Potter • LOMAP Advisor

RE: Records Retention

Whenever possible, clients should be consulted concerning the disposition of their files and encouraged to preserve them 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

Do not assume that your clients can absorb legal technicalities, language or complicated advice on first hearing. Ask your client to repeat back what he or she thinks your advice is, and listen carefully for understanding. Significant information received and significant advice given should always be confirmed in writing.

From: "Office of the Practice Advisor" by Paul McLaughlin, LSA/CBA Newsletter, July/August 1992

The ABA Standing Committee on Lawyers' Professional Liability has a very helpful workbook entitled Selecting Legal Malpractice Insurance. The book provides easy-to-understand information about malpractice insurance policies, a glossary of terms, insurance policy checklists, a pull-out comparison chart to help you choose a policy, and a state-by-state listing of malpractice insurance carriers. A "real deal" for only $15 (plus $3.95 shipping); call 1-800-285-2221 to order. An even better deal: access the online version. 

If you are in an office-sharing arrangement with other lawyers or non-lawyers, practice the following tips to ensure client confidentiality:

• Lock the door when out of the office — even for lunch.

• Lock up all client files. Don't forget the ones on your assistant's workstation or in file cabinets that may be in a public area.

• Keep your computer system separate. Don't use a networked PC with the other tenants.

• If you share a receptionist, be sure to periodically remind him or her not to discuss your business or clients with others sharing the suite.

From: Practice Management Advisors Committee of the ABA Law Practice Management Section

Disaster planning is the most overlooked element of business management. Long-term business survival, not to mention professional and ethical implications, depends on an emergency plan. A comprehensive emergency plan includes the identifiable risks that threaten operations, and consideration of the following central elements vital to every business:

• Employee safety

• Facilities damage

• Preservation of files and records

• Preservation of systems and equipment

• Insurance coverage

• Client communications

From: "Be Prepared" by Phil Guerra, Legal Management (November/December, 1998)

When collecting fees, remember that clients are more eager and willing to pay before the work is done than after the work is done. You and the client will both feel better if you get the advance retainer check before you do the work.

From: "Foonberg's Short Course in Good Client Relations," How to Start and Build a Law Practice by Jay G. Foonberg, 1999

The first step in managing our time is making sure where we want to go. With a big-picture plan of both our professional and personal goals, we are better attuned to how our time would best be spent. The following reminders help steer you toward enjoying more of a balance between your personal and professional lives:

• The more often you say "no," the more you increase the value of your word when you say "yes."

• Know what times of the day you work best, and schedule your hardest tasks at your peak times.

• Instead of working from a long list of to-dos, use a daily short "hot" priority list reminding you of three to five "must-do today" things.

From: Easy Self-Audits for the Busy Law Office by Nancy Byerly Jones, ABA Law Practice Management Section, 1999.

For more information on these subjects, contact the Law Office Management Assistance Program at 206-727-8237 or peter@wsba.org. 

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