E-Lawyering Creates Ethical and Legal Risks--Chubb Guide to Help Firms Mitigate Exposure
From describing their practices to offering legal advice over the Internet, e-lawyering has created new ethical and legal risks, according to underwriters at the Chubb Group of Insurance Companies.
In response, Chubb's new handbook, "A Lawyer's Guide to managing E-Lawyering Risks," explains how lawyers and law firms can use new technologies while mitigating the associated risks. E-lawyering includes activities ranging from sending an email to a client to online chatting or negotiating with clients or other parties. Some firms have even abandoned their bricks-and-mortar approach to become virtual law firms.
Types of Professional Insurance Coverage
Every attorney is aware of the importance of professional liability insurance. Little thought, however, is given to other equally essential types of insurance protection.
The basic business insurance plan consists of four fundamental types of insurance coverage: workers’ compensation, auto, general liability and property plus an added layer of protection over these, often called an “umbrella policy”.
| | Top Ten Tips to Avoid a Claim
- Avoid even the appearance of a conflict of interest – when in doubt about a particular matter; consult the Model Rules, trusted colleagues, or the Bar for general feedback and guidance.
- Define and document scope of representation – use written retainers detailing what services the firm will perform, and will not perform, with regard to a particular matter.
- Confirm responsibilities of lead and local counsel – you must document each counsel’s respective responsibilities
- Confirm calendar deadlines
- Don’t dabble or, if you must dabble, seek input – learn to say “no thanks” and refer folks to experienced colleagues in that area of law
American Bar Association ~ Lawyers' Professional Liability
For materials to use in your search for new or replacement professional liability coverage, click here.
Does Your Firm Have the Correct Professional Liability Coverage?
Download the Lawyers Professional Liability Checklist to find out.
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 Staying Ahead in the Communications Game
Mark Bassingthwaighte, Esq.
3/31/2008
I have to admit that I was not an early adopter of text messaging (SMS) or instant messaging (IM) as I initially viewed both tools as something of a novelty.
General Guidance on Closing a Law Practice
Mark Bassingthwaighte, Esq.
3/31/2008
Law practices close for any number of reasons. Death, disability, retirement, disbarment, a move out-of-state, or a career change are all common reasons why attorneys leave the practice.
Risk Avoidance for the Attorney/Mediator
Mark Bassingthwaighte, Esq.
1/31/2005
Legal malpractice claims arising out of the efforts of an attorney/mediator are rare. (Grievances are a bit more common.) There simply is no attorney/client relationship and the setting is more non-adversarial than the courtroom. That said; there still is a risk. Advice given by the attorney/mediator can unintentionally establish an attorney/client relationship and therein lies one concern.
| | Paper Shredders May No Longer Suffice
Mark Bassingthwaighte, Esq.
1/31/2005
Many law firms now regularly utilize a paper shredder to destroy draft documents, old files, and other materials that are no longer necessary to keep all in furtherance of preserving client confidences. As more and more client information is stored on electronic media, however, the same confidentiality concerns arise and the paper shredder may not suffice. You can't just simply toss an unwanted CD, DVD, or floppy disk into the trash. Those who may find it in the trash can too easily recover the information on the discarded media.
Back to Basics in Risk Management - Documentation
Stacey K. Smith, Esq
1/31/2005
This will be the first in a series of risk management articles this year which go back to the very basics of risk management principles and concepts. Sometimes words and phrases are used so often and the principles so standard that they end up forgotten. In my experience in working with numerous Insureds through the legal malpractice claim process, often it is the most basic principle that could have prevented, or at least reduced, the Insured's exposure on that particular claim.
The Risk Management Report is not legal advice. It does not, and is not intended to, respond to any individual situation or concern. The reader must conduct independent research and analysis to determine the constraints and best way to act for each matter in each jurisdiction.
For other expert articles on the legal profession visit the ALPS Legal News page.
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