Since 1998, Mark Bassingthwaighte, Esq., has been a Risk Manager with ALPS, the nation’s largest direct writer of lawyers’ malpractice insurance. In his tenure with the company, Mr. Bassingthwaighte has conducted over 1200 law firm risk management assessment visits, presented over 600 continuing legal education seminars throughout the United States, and written extensively on risk management, ethics, and technology. Mr. Bassingthwaighte is a member of the State Bar of Montana as well as the American Bar Association where he currently sits on the ABA Center for Professional Responsibility’s Conference Planning Committee. He received his J.D. from Drake University Law School. Read More ›
Flying Solo Checklist: 30 Things You Need To Do To Avoid Malpractice
Feeling unsure about your legal practice? No worries! This course will teach you to soar by covering everything you need to know to protect yourself and your clients from potential malpractice claims. Using a 30-item checklist as the presentation backdrop, this program will highlight common malpractice and ethical concerns solo, small firm, and rural lawyers face and share practical tips lawyers can use to responsibly address the concerns identified. From client communication to document management, ethical considerations to risk mitigation, this course will empower you to navigate your solo law practice with confidence and professionalism.
Agenda:
Questions & Answers
- Introductory Overview
- Introduction to Mark Bassingthwaighte and malpractice avoidance for lawyers
- Malpractice Avoidance Checklist
- With an eye toward maintaining client confidences, keep all spaces clients have access to tidied up
- Run a preliminary conflict check at first contact
- Run a full conflict check prior to accepting a matter
- Determine if the prospective client can actually afford your services and clearly identify the client’s goals and objectives
- Say no if you don’t have the time, resources, or expertise necessary to competently handle any proffered matter
- Don’t ever dabble in practice areas you are not competent in
- Find time to take care of yourself and your support systems
- Document all declinations
- Put all fee agreements in writing
- Document scope of representation in every matter
- Remember who hired who and act accordingly
- Have a second set of eyes check all critical deadlines for calendaring accuracy
- Use reminder dates for all critical deadlines
- Establish a file review process to make sure no file is ever forgotten about
- Have a backup copy of the calendar off-site or online
- File suit well in advance of the actual deadline knowing that sometimes unexpected things happen
- Make sure all calls are returned promptly and that the client is always aware of the good, the bad, and the ugly
- Find time to take care of yourself and your support systems
- Maintain a written record of the advice given and the decision-making process
- Make sure to keep the status of all files current
- Send monthly detailed billing statements
- Review all outgoing documents for accuracy
- Complete all matters in a timely fashion because procrastination is an enemy
- Document the conclusion of representation with a thank you letter
- Keep a complete copy of the client file for at least seven years post-closure
- Avoid suing for fees
- Politely decline to give legal advice to all non-clients
- Document all co-counsel and local counsel agreements in writing
- If you haven’t already done so, create a succession plan and designate a successor/backup attorney
- And in case you missed it the first two times, find time to take care of yourself and your support systems!
Topics covered include:
Law Practice Management
Duration of this webinar:
90 minutes
Originally broadcast:
October 15, 2024 11:00 AM PT
Continuing Legal Education (CLE) Credits
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California CLE
Status: Approved
Credits: 1.5 Legal Ethics
Earn Credit Until: October 14, 2026
South Carolina CLE
Status: Approved
Credits: 1.5 Legal Ethics/Professional Responsibility
Difficulty: All Levels
Earn Credit Until: December 31, 2024
North Carolina CLE
Status: Approved
Credits: 1.5 Ethics
Earn Credit Until: February 28, 2025
Texas CLE
Status: Approved
Credits: 1.5 Legal Ethics/Professional Responsibility
Earn Credit Until: September 30, 2025
This presentation is approved for one and a half hours of Legal Ethics CLE credit in California, one and a half hours of Legal Ethics/Professional Responsibility CLE credit in South Carolina (all levels), and one and a half hours of Ethics CLE credit in North Carolina. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.5 credit hours, of which 1.5 credit hours will apply to Legal Ethics/Professional Responsibility credit.
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