Feb 9 2014
1. Missing deadlines
Utilize dual calendars
Proper date calculations
2. Conflicts of interest and matter
Representation of both parties
Personal involvement with a client's business
Proper ID at engagement
3. Poor client relations
Have clear and timely communication
Clear engagement/declination letters
Clear expectations up-front
4. Ineffective client screening
Thorough intake process
Conflict check with other firm mem...
Feb 3 2014
The file destruction issue is a mix of malpractice and ethics issues. In short, there is no "one time period fits all files" answer. Each file must be reviewed by a lawyer with these matters in mind.
Malpractice considerations - Maintain file for minimum time period for running of statute of limitations (SOL) on a legal malpractice claim, generally two years. Note that SOL may not begin to run until the malpractice is discovered. In some circumstances files may have to be mainta...
Feb 1 2014
Clients frequently ask us: "Can we sue for fees?" While we don't encourage suing for fees, we know that lawyers should not be ‘shut out' of availing themselves of the courts to be paid on contractual obligations.
Before you sue for fees, follow these guidelines:
First, review the file for any potential legal malpractice in the representation (or actions that could be in good faith claimed to be malpractice) that could defeat the fee claim. Have another lawyer in ...