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AttProRRG <br />t .l I ul I h ( | n rr p / lit tLt h i n l I a t huun y al/ i I ia h' <br />A Few Risk Tips for Your Firm <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 />'/ A system designed for multiple independent inputs, whether kept in time-management <br />software, Outlook or an organized paper system,/ A backup, if at all possible./ A firm-wide calendaring system with a single data entry point,/ Automatic reminders generated to the responsible attorney and to his/her <br />secretary/assistant,/ A process to double check entries after they are entered <br />Careful client intake procedures may be one of the best oppoftunities to avoid the risk <br />of lawsuits and claims. Examples of good client intake procedures include: <br />'/ A well-documented, comprehensive, and systematic process of examining and <br />accepting new clients./ A robust conflict of interest checking process./ An early assessment of the reasonableness of client expectations,/ A careful review of a new client's reasons for changing attorneys during the pendency <br />of an existing matter'/ An honest evaluation of whether the firm and attorney have the requisite subject <br />matter expertise sufficient to competently handle the matter <br />A robust conflict of interest checking process should include: <br />./ A written process that ensures mandatory and consistent conflict checks at client intake./ Examination of potential conflicts caused by personal relationships,/ Examination of potential conflicts caused by business relationships,/ Review of prior case involvement of non-lawyer staff./ A review of your state laws and ethics rules to determine if a conflict can be waived,/ Careful documentation, if it is determined that a conflict can be waived'/ 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 />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 resoft. A proactive approach to avoid fee disputes includesl <br />./ A thorough evaluation of the client's ability to pay the fees during client intake./ An engagement letter that clearly outlines fees and expenses,/ Withdrawing from the case promptly if fee disputes cannot be resolved./ A review of state laws and ethics rules prior to withdrawing from a case./ Careful timing of suits to avoid malpractice claims where possible <br />5814 Reed Road Fort Wayne, IN 46835 I Phone: (877)728-8776 I www.attorneyprotective.com <br />AttPro RRG Reciprocal Risk Retention Group is seruiced and reinsured by an A+.r rated insurer nrenrber of the Berkshire Hathaway group of businesses.