Tips for Keeping Your Communication Professional and Effective

Do you speak the same way in a job interview as you do when you’re at a concert with your friends? Probably not. Is your interaction with a police officer similar to how you behave with a family member? Again, unlikely. We tend to adjust our style based on our circumstances and company; and often we do so unwittingly. But in the practice of law, with words as our tools, it’s not enough to simply convey thoughts. We must have a deeper awareness of how we are communicating.

Client Onboarding Matters: Three Tips for a Smooth Journey

Think back to the last time you took a flight. Depending on the airline, boarding your plane was either a breeze or a scramble, and the experience may have shaped the rest of your trip. The same is true for new clients, specifically once you have taken on their case. A client’s introduction to your practice can affect the entire course of the representation.

Take Note: Why Smart Notetaking Is an Important Tool for Your Practice

For most legal professionals, days often move quickly, or at least that’s how it feels. With everything that’s happening—court appearances, drafting pleadings, and client meetings, to name a few—it’s no wonder many people have never paused to understand the importance of taking notes or to find what works best for them. Great notetaking isn’t just administrative clutter: It’s an essential skill that can make or break your effectiveness as a practitioner.

Updated Video Tutorial! How to Create a Pleading Template in Word

This video shows you how to create your own pleading template from scratch. PLF Practice Management Attorney Monica Logan walks you through each step of the process, including creating the caption, line numbering, footer, and saving as a template. This step-by-step guide is perfect for attorneys and staff looking to streamline document formatting and avoid errors.

We’ve Got CLEs, Yes We Do!

If this is your MCLE reporting year, the deadline to complete all credits is April 30. As we approach the deadline, remember that the PLF maintains a comprehensive library of free OSB-accredited CLEs covering a wide range of topics!

Blueprint for a Successful Firm: The Business Plan

For any building project, a construction crew relies on a blueprint to outline the foundation and materials. This document ensures that the final structure aligns with the architect’s vision. Similarly, a business plan serves as a blueprint for your law firm. It defines your firm’s purpose and operations, helping you make strategic decisions to bring your vision to life.

Utilize the Power of Email Marketing for Law Firms

Is your firm optimizing email marketing strategies to achieve the most impactful results? This article discusses considerations and strategies for unleashing the power of email marketing and leveraging this versatile marketing channel to create unique opportunities for engagement.

Revised PLF Books for Starting and Managing Your Law Practice!

To support aspiring and current firm owners, we've refreshed our practice management book series, complete with our latest malpractice avoidance tips, general guidelines, and practical forms. The new design format enhances readability, while the trio of covers embraces the essence of the Pacific Northwest. Whether you're planning to start a firm or already managing one, this set from the PLF reveals valuable insights to guide your journey.

Imputed Conflicts? Talk to the Wall!

Conflicts may arise from an associate’s prior legal work, which can be imputed to the new firm. In such cases, the new firm must implement an effective ethical screen or “wall” to exclude the associate from involvement in the matter. The sheer volume of information can make it difficult to establish a consistent and effective ethical wall. To improve the screening process, firms should develop clear, detailed procedures for managing each type of storage.

Email Management: Savvy Saving Strategies

Legal professionals spend an average of 66% of their day on email, according to Dashboard Legal. With the daily flood of emails, saving them to client files often gets overlooked. To prevent pitfalls, it's crucial to understand your ethical obligations and establish a system for organizing and saving emails efficiently.

Shoulder Surfing Sabotage: Protect Your Smartphone

In today’s connected world, attorneys can work virtually anywhere. Smartphones in particular have transformed the way lawyers operate, essentially allowing them to carry their entire office in their pocket. However, this convenience also comes with significant responsibility: protecting the confidential client information now stored on your phone.

Efficiency Unleashed: Mastering Outlook

Calendaring is a fundamental task for legal professionals, yet calendaring errors remain a leading cause of malpractice claims. In this post, we discuss Microsoft Outlook, a popular option to enhance productivity and organization, and lessen your chances of committing malpractice.

Harnessing Digital Marketing to Grow Your Practice

In today's legal market, digital marketing is essential for attracting new clients and growing your practice. Consider the following tools, technology, and techniques to expand your digital presence and track the effectiveness of your marketing strategy.

The American Bar Association: A Wealth of Knowledge for a Reasonable Price

As any legal professional can tell you, there’s a lot to know when it comes to practicing law. Thankfully, organizations like the American Bar Association exist to help. With a long history and plethora of information, “[t]he ABA works to promote the best quality legal education, competence, ethical conduct and professionalism, and pro bono and public service work in the legal profession.” Consider joining and take advantage of all that a legal-specific national organization has to offer.

Peer-to-Peer Pressure: Interview with a Bookkeeper

Venmo, Zelle, and Cash App are peer-to-peer smartphone applications (P2P) that streamline money transfers by linking user credit cards or bank accounts to rapidly move funds between users. In the legal field, client interest in P2P apps is rising. While undoubtedly convenient, lawyers must assess their security and suitability for their practice.

Key Insights from ABA TECHSHOW 2024: Embracing Tech Trends and Cybersecurity Imperatives

The ABA TECHSHOW, held in Chicago from February 14-17, 2024, was a melting pot of insights, innovations, and imperative discussions on the intersection of technology and law. As legal professionals met to explore the latest trends and tools, our PMAP team identified several overarching themes that emerged from the diverse array of presentations and discussions. Here are some key takeaways.

Shape Your Work With Pro Se Parties

Clear communication with pro se parties can help prevent misunderstandings and allow you to better work with them and obtain the information you need to represent your client competently and diligently. Focus on building a professional relationship with them that clearly defines roles and interests. Consider the following tips when interacting with a self-represented litigant to help avoid potential ethics or malpractice issues.

‘Tis the Season: Managing Your Practice During Holiday Travel

The holiday season is in full swing, and many attorneys are taking some well-deserved time off to relax and recharge or travel to see family. A break from work during the holidays is a great way to prevent burnout and reconnect with friends and loved ones. It can be difficult, however, for lawyers to truly disconnect due to billable hours and client demands.

The Three P's of Profitability

Profitability can be boiled down to increasing income and decreasing expenses. It’s about understanding your firm’s financial benchmarks for performance, finding new or better ways to get paid, and engaging your staff to meet the firm’s goals. To keep things simple, let’s look at the three “P”s of profitability—Performance, Payments, and People.

SLAY THE EMAIL DRAGON WITH HELP FROM MERLIN

How many hundreds— or thousands — of emails are in your inbox right now? At what pace is that number growing? Are you confident that an urgent message isn’t lurking in your queue? Does your computer constantly ping and pop up notifications? If these questions speak to the current state of your email account, you may have a problem. These are all telltale signs that a destructive dragon is living in your inbox.

Design 2023 to be a Success

The new year is a perfect time to reflect on and improve your office and its systems. A simple and efficient exercise called the 'Design Matrix' can help you identify the vital first steps to take.

eDiscovery Software: Eye of the Storm

Discovery can be a major headache for law firms. The proliferation of electronic data makes it challenging for lawyers to efficiently manage all of this information. The typical discovery process can be complicated and expensive, especially for solo and small firms. Managing electronic discovery used to be seen as necessary only for large firms in complex litigation. Now, law firms of all sizes need to be able to handle eDiscovery.

Catching the Right Fish: Associate Job Posts

Finding the right associate to join your firm can feel a lot like fishing. There may be plenty of fish in the sea, but you are searching for a star. Your job description is the first connection potential applicants have with you. You want that first contact to capture their attention and interest while also conveying your values and the benefits of working with you.

New Practice Aids Available on the PLF Website

The Professional Liability Fund offers a wide variety of resources to educate and assist lawyers and law office staff. As part of those resources, we maintain and update a library of over 300 forms consisting of checklists, sample letters and pleadings, and other helpful documents. We recently added four new checklists to our website that we encourage you to review.

Plugging the 'Knowledge Drain': How To Retain Knowledge and Ensure Your Firm's Continued Success

Law firms have always been plagued by the 'knowledge drain': the loss of knowledge when experienced employees retire or leave. They take not only their accumulated knowledge but also valuable relationships. Firms must find a way to capture and retain institutional knowledge and make critical knowledge accessible to their teams if they want to ensure business continuity, provide quality legal services, and stay competitive.

Drawing the Line for Nonengagement

Meeting with a potential client may sometimes feel like walking a tightrope. It can be difficult to end the intake without any misunderstandings or unintended promises. When someone believes an attorney-client relationship has formed but you do not, a real danger exists. As the attorney, it is your role and responsibility to clearly communicate when an attorney-client relationship is established and when it is not, no matter the marketing medium.

Manage Your Trust Account Like You Care for Your Dog

To best manage your lawyer trust account, think of and care for your trust account the way you would take care of your dog. You attend to its particular needs, such as physical and mental stimulation, dietary monitoring, and health check-ups. These steps for owning a happy and healthy dog reflect similar methods for maintaining a sound trust account.

Billing Software: Explore your Options

The type of program you use to track your time and calculate your bills will vary depending on your specific practice and firm goals. In focusing on software for billing, you have your choice of options, but you should consider the variety of features available when making the decision which to use for your practice.

COVID-19 State of Emergency Extended Through December 31, 2021

On April 29, 2021, Oregon Governor Kate Brown issued Executive Order No. 21-10, which was the seventh extension of Executive Order No. 20-03 and the COVID-19 State of Emergency since her original order declaring an emergency on March 8, 2020. On June 25, 2021, Governor Brown then issued Executive Order No. 21-15, which extended Executive Order No. 20-03 and the state of emergency to December 31, 2021, unless extended or terminated earlier by the Governor.

PLF CLE on Malpractice Risks in Bankruptcy - The Takeaway

The PLF recently presented a CLE on potential malpractice risks for bankruptcy practitioners. PLF Claims Attorney John Berge and Julia Manela from Watkinson Laird Rubenstein PC explored how the pandemic could generate an uptick in consumer bankruptcy filings after emergency governmental financial assistance ends and eviction moratoriums expire.

Don't Wait to File and Serve

In our recent CLE on on “Avoiding Malpractice Claims When Filing and Serving a Complaint,” PLF Claims Attorney Amy Hoven and Hillary Taylor from Keating Jones Hughes PC discussed how the process of filing and serving a complaint can be fraught with errors.

Tommy and the Secure Tunnel: Virtual Private Networks

An attorney, his spouse, and their child stayed a few nights at a hotel for spring break. At one time or another, we all have been at hotels, airports, coffee shops, and restaurants and used their public Wi-Fi to check our email and use the internet on our laptops, tablets, or smartphones. But the risk of exposing our client and personal data is not a trivial or benign matter.

Resources for Improving Your Remote Court Hearing Experience

Although some courts are moving toward holding more appearances in person, certain court appearances will likely continue to be held remotely for some time to come. While the future of court system operations remains uncertain and will continue to evolve over time, below are some resources to improve your remote hearing experience:

Governor

On February 25, 2021, Oregon Governor Kate Brown issued Executive Order No. 21-05, which is the sixth extension of Executive Order No. 20-03 and the COVID-19 State of Emergency since her original order declaring an emergency on March 8, 2020. Based on this latest extension, Executive Order 20-03 and the COVID-19 State of Emergency will be extended for an additional 60 days, through May 2, 2021, unless extended or terminated earlier by the governor.

Ready, Aim, Fire...or Maybe Not: The Ordeal of Terminating a Client

It’s fairly easy for clients to fire their attorney. Some clients might issue an overt announcement like “you’re fired!” Others might just make a polite statement that sounds more like a request such as, “Would you please give me my file so I can find another lawyer?” On the other hand, it’s not always easy for lawyers to fire their clients.

Death by Bad Management: Leadership as an Antidote to Terrible Bosses

Law firms are known for their high turnover of associates, who leave to join a different firm, take a job as in-house counsel or government lawyer, or depart the legal profession altogether. Some of the reasons include demanding hours, unbearable pressure, a toxic culture, and a lack of work-life balance. But the reason we shall delve into here is the terrible boss.

Mobile Banking: Take Advantage and Tread Lightly

Financial industry leaders expect that many people, both consumers and business owners alike, will continue to favor mobile banking options over traditional banking post-COVID. Take some time to learn the mobile options offered by your bank so you can make optimal use of their features.

Hard Times Don't Call for Desperate Measures

As business continues to dwindle for some law firms, they are laying off associates and staff, imposing pay cuts, and taking other measures to minimize the financial impact caused by the pandemic. The pressure to stay afloat may tempt lawyers to relax their billing practices, ramp up fee collection efforts, and even hoard billable hours. Working from home can also lead to careless billing practices as the line between work and family life begins to blur.

Marketing: Your Law Firm, Yourself

If you feel uncomfortable and unconfident marketing your law firm or yourself, you are not alone. Many professionals feel that it is unseemly to advertise, even though it is ethically permitted under the Oregon Rules of Professional Conduct, as long as it is neither misleading nor false.

Why Is More Than a Question: Understanding Your Firm

At the start of this pandemic, many businesses had to close their doors. A few businesses were able to switch gears and continue employing their workers to do something else. For example, some distilleries and wineries started using their own alcohol to make hand sanitizer at a time when it was in short supply. A pizza shop in Chicago that could no longer serve pizza by the slice started using its ovens to make plastic face shields for frontline workers.

Working from Home? Make Your Internet Work for You

Many of us are more reliant than ever before on the stability and speed of our internet connection, now that the pandemic has forced us to work from home and many children are engaged in remote learning. If your home internet connection is not performing at the level necessary to support your needs, consider the options below to make it work for you.

Hoarding and Dabbling, Oh My!

COVID-19 has pushed many lawyers to quickly transition to a remote work environment and digitize their law practice. The swift and drastic transformation of the legal profession has created new risk management challenges for lawyers as they navigate different ways to run their business and deliver legal services. This blog post will explore some of the risks lawyers face when trying to get new clients and retain existing ones during the COVID-19 era.

Resources for Connecting During COVID-19

The pandemic has forced us to reexamine how we connect with others. Thankfully, technology has allowed us to create new virtual networking opportunities with colleagues, friends, and family. It is important to maintain those connections and establish new ones; otherwise it has been shown that social isolation can have damaging effects, both personal and professional.

Oregon

Notarization in Oregon became a bit challenging when COVID-19 forced people to stay home and keep a physical distance. Many lawyers came up with clever ways to notarize their clients

Phone Systems: What Works for Your Firm?

As we move forward and adjust to the changing infrastructure due to the pandemic, it is a good time to think about what type of phone system works best for your law firm. Phone calls remain a very popular form of communication, despite other methods such as email, video conferencing, and client portals, and may be the preferred method depending on the circumstances.

Working Remotely: The Takeaway

We are now three months in to what is, for many of us, this brave new world of remote work. For some, it has been a resoundingly successful experiment. Some lawyers who previously worked out of traditional law offices have made a smooth transition to working out of their homes

Collaborative Word Processing

With the spread of COVID-19 and resulting changes in how we conduct business, we need methods for exchanging information in different ways. In particular, attorneys need secure methods to collaborate on Word documents with both their clients and colleagues. This collaboration could include simply gathering information from clients with an intake form, review and approval of a document by a client or supervisor, or more complex collaboration involving multiple versions and tracked changes.

More Resources for Working from Home

Switching to a Work From Home (WFH) law practice is a big adjustment for lawyers and their colleagues, staff, and clients. To help support your efforts to make this go smoother, we have created a new practice aid,

Working and Meeting in the Age of Social Distancing

In light of the spread of COVID-19, many lawyers are looking for ways to continue meeting with their clients and other parties while keeping some distance from them. Fortunately, we are in an age where technology makes it easy to implement social distancing efforts that many individuals and businesses are now undertaking. This blog post will cover two tools that will allow lawyers to work and maintain social distance: (1) video conferencing and (2) remote access.