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<br /> <br /> <br /> <br /> A Few Risk Tips for Your Firm <br /> <br />To avoid a lawsuit resulting from a missed deadline, every attorney should have <br />his/her own well-organized calendaring system. If feasible, good intake procedures <br />should include: <br /> <br /> A system designed for multiple independent inputs, whether kept in time-management <br />software, Outlook or an organized paper system <br /> A backup, if at all possible <br /> A firm-wide calendaring system with a single data entry point <br /> Automatic reminders generated to the responsible attorney and to his/her <br />secretary/assistant <br /> A process to double check entries after they are entered <br /> <br />Careful client intake procedures may be one of the best opportunities to avoid the risk <br />of lawsuits and claims. Examples of good client intake procedures include: <br /> <br /> A well-documented, comprehensive, and systematic process of examining and <br />accepting new clients <br /> A robust conflict of interest checking process <br /> An early assessment of the reasonableness of client expectations <br /> A careful review of a new client’s reasons for changing attorneys during the pendency <br />of an existing matter <br /> An honest evaluation of whether the firm and attorney have the requisite subject <br />matter expertise sufficient to competently handle the matter <br /> <br />A robust conflict of interest checking process should include: <br /> <br /> A written process that ensures mandatory and consistent conflict checks at client intake <br /> Examination of potential conflicts caused by personal relationships <br /> Examination of potential conflicts caused by business relationships <br /> Review of prior case involvement of non-lawyer staff <br /> A review of your state laws and ethics rules to determine if a conflict can be waived <br /> Careful documentation, if it is determined that a conflict can be waived <br /> Use of a written and signed conflict waiver in any matter where a conflict may arise, or <br />even one where a conflict may appear to have arisen <br /> <br />Instituting a suit against a client for unpaid fees results in a counterclaim for <br />malpractice in a high percentage of cases, and should therefore be considered only as <br />a last resort. A proactive approach to avoid fee disputes includes: <br /> <br /> A thorough evaluation of the client’s ability to pay the fees during client intake <br /> An engagement letter that clearly outlines fees and expenses <br /> Withdrawing from the case promptly if fee disputes cannot be resolved <br /> A review of state laws and ethics rules prior to withdrawing from a case <br /> Careful timing of suits to avoid malpractice claims where possible