1. Maintain clear, consistent communication
- Establish, at the beginning, the scope of services to be performed and
your fees-in writing.
- Send written notification to clients and potential clients when your
firm will not be representing them.
- Before finalizing settlements, discuss with your clients all possible
outcomes should they choose to pursue litigation further.
- Confirm your clients' decisions about settlement offers, particular
motions, unusual disbursements, etc., in writing.
- Send written notification to clients and potential clients of the statute
of limitations in their particular case, and inform them of their right
to seek advice from other counsel.
- Respond to inquiries from clients promptly, even if you don't yet have
all of the information they requested.
- Relay important information to clients in writing to ensure that clients
are kept up-to-date on the status of their legal affairs.
2. Choose areas of practice carefully
- Do not accept cases outside your area
of expertise.
- Areas of practice that often pose a greater risk of exposure include
Environmental Law, Copyright/Patent Law, Personal Injury and Banking.
3. Set client standards
- Establish criteria for the type of client your firm wants to represent.
- Treat all clients in the same manner in which you expect to be treated.
Insist that clients also adhere to these standards.
4. Document. Document. Document!
- Keep accurate records in a proper filing system.
Document phone conversations, correspondence and meeting notes, and
file them where they can be located easily.
- Establish a follow-up and backup system, especially for computers.
- Cross-reference clients to avoid conflict of interest.
5. Maintain docket/calendar control systems
- Handle litigation deadlines, dates and events through a central control
system.
- Record dates and events, and update your calendar control system on
a regular basis. Dates that should be entered routinely include litigation
dates, important dates to your firm's business clients, and filing and
hearing dates.
- Provide adequate "ticklers" to ensure proper lead time for
docket control system entry.
- Implement a system that exceeds your current case level to ensure that
it will accommodate your future needs.
- Establish a backup system that is maintained by multiple staff and is
cross-checked on a daily or weekly basis.
- Implement a system under which you can run periodic checks to confirm
that work was completed.
6. Use engagement, non-engagement and disengagement letters
- Establish the scope of services (including geographic scope) and representation
as well as the communication and fee schedules, and the termination provisions.
- Provide a written explanation of the agreement and your billing process.
- Consider including a binding arbitration clause for disagreements over
fees to prevent a cross-complaint alleging malpractice.
- Make sure non-engagement letters (1) clearly state no relationship exists,
(2) warn of limitations and/or statutes that require immediate action,
and (3) direct the individual/ corporation to obtain an opinion from separate
counsel in a timely manner.
- Use disengagement letters when withdrawing from a client matter to clearly
communicate the terms of the withdrawal and time frame as well as to direct
the client to seek other counsel.
- Use disengagement letters when a client matter is concluded (i.e., file
close-out letter).
7. Recognize substance abuse in the workplace
- Confront any attorneys and staff in your practice who suffer from drug
and alcohol addiction or chronic abuse immediately-early identification
can lead to successful treatment.
- Begin damage control immediately to diminish the chance of malpractice
claims being filed. Many bar associations offer services that can be of
assistance, such as the NYSBA Lawyer Alcohol and Drug Abuse Committee
and Lawyer Assistance Program.
8. Participate in continuing legal education
- Attend continuing education seminars, and read advance sheets and other
legal periodicals to stay up-to-date on changes in your profession.
- Keep abreast of changes in state and federal laws, and new techniques
and court decisions.
9. Avoid filing suits to recover legal fees
- Ascertain if the legal fee in question is worth the risk of a malpractice
suit.
- Establish a progressive billing cycle to discourage nonpayment.
- Discuss all foreseeable costs with your clients prior to the engagement
of services.
10. Avoid conflict of interest
- Avoid representing both sides in the same matter.
- Avoid representing a client who potentially poses a conflict of interest
with a current or former client.
- Avoid holding an equity interest in a client's business that may
impair professional objectivity and affect your coverage.
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