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9 Young Law. (ABA) 1 (2004-2005)

handle is hein.journals/yglwyr9 and id is 1 raw text is: Ancrican liar AsaocLmtiin Yuui g Lmwyer tivnioll 32t N. Clark Strct Chicaji, IL 60610-4714! www.abancLorgly[d Volume 9, Number 1 October 2004 A PUBLICATION OF THE AMERICAN OAR ASSOCIATIEON YOUNG LAWYERS DIVISION Avoiding Maipraiice-TIPS 6R YOUNG LAWYERS By Laurel F. Moore ow more than ever, the legal profession presents unique challenges to the younger lawyer-not only in keeping cur- reni on .il.harniv develn- ments in the law but. more fun- damentally, in developing good habits and procedures for avoid- ing italpiratice Thinking ahead end having good systerns in place for client intake and case management help avoid many malpractice pit- talls. Good habits developed early in one's -areer will serve any lawyer well, even as prac- lice needs and responsibilities change. A lew basic strategies can help you steer clear ot real- practice claim: Business lutas Proedures Identify and avoid many prob- len clients by using the right business inlake procedures-. Be sure you or your law firm have a method for checking conflicts, and that all prospective clients are screened ihoroughly. Also, earisier whetter tne rew busi- ness is the typo of work that is a good match ior you and your firm and a volume of work that you'll be able 1o handle. Appropriale Saling ldool marxy casees are staffed usinl a mix of indivMiduls w'lh important roles to fill: a enior attorney a lunior attoray, a para- legal, and a legal assistant. Having a sufficient number of people workirg on the file ensures tat it will gat tr e attention it neodn. Devoling too little time to a netter will hiurt ynirvork-prcdi.ict so don't overextend yourself Adequate Exp ertise When you meet with a prospective client about a new matter, anticipate what substan- tive issues are likely to arise dur- ing the case. Don't practice in an area outside your expertise with Out alequate supervision. Likewise, it you ask junior attor- neys or paralegals to work on your case, be sure your expecta- tions are clear and thit you prop- erty supervse their work. 11 71 comicatio Report frequently to your clients about what is happening in their case and what is on the ho'izo. Be realistic in your assessments and avoid making overly optimistic predictions about the case. As tine passes, memories fade. Protect yourself with a clear record ot your case strategy and decisions by memo- rializing you r advice to clients and any agreements with cliler. Stafl Supervision Staff plays a crirtical role in prop- er managemenl ol a case Make your expectations clear, use a aya- tern for calendaring events and oritioal deadlines, and advise all appropriate parties and your client Know Year lrhnnlng- In today's court system, slec- tronic know-how is a must. Many courts are using electronic filing, and understanding electronic date storage and pr-duction is ontical to disoovery in many cases. Know how to manage ternnology or seek sufficient teonnical support. Ad fr Help Don't underestimate the impor- tance of mentors and senior mem- bars of your firm. Find a person you can ask even stupid' ques- tions. When it comes I.o avoiding ma!peactice, an ourin of pieveii- tion is worth a pound of cure! Laurel Moore is ar associate In the Tempa office of Car1ion Fields and chair of the YL Etics arid Professkbra!ism Committe. The Lawyer's Guide to Prevenfing Legal Matpmuav&e. Second Edition. 1999. PC #414-0034. Seecting LegGI Maipracbee ,nsairance-2003 Edition. PC #414-0036. ABA Division for Legal Services. To order either titl., call the ABA Service Contor at 800/285-2221 or order online at www.ababooks.or . /Mk i e.ind Ib rtr 'AA Prsrt Sti PAl 0 American Bar Asodinicn LEGAL REFERRAL SERVCES By Iark K. Gubinsky L nwl rrtr-l ,fiOri. are, 'o nhtin resruree to help lawyers develop a practice. Bar assoia- lion lawyer referral services, comrLnfty agency reduced-fee programs, online lawyer di rectory list- ings, and employer-proviced legal benefit plans are among a variety of common referral programs. Review thoroughly specific options ol any program. including a lawyer's obligatiors, before making a selection. Descriptions and pros and cons follow. Bar Association Referral Services: In heavily paip ald areas many county bar associations pro- vide legal referral services; in more riral areas, many state bar associations provide regional serv- ices. Many jurisdictions require the referral program contact information to be includ-d within intial pleacings so the respondent may contact the ser- ice fr ly OUOe corntacld, the service iefam, the potential client to a bar association meiber, usually for a nominal fee. Typically, any bar member may enroll in the service for an annual fee and cmmnitmernt Io pro vide limited consultation free of charge or for a minimal fee. Some services also require partici- pant lawyers to pay a certain percentage of any fees realized if the lawyer is retained. Pros Referral services in heavily populaled counties can be a fruitful sou rce Ol referals. Lawyers typically are free to charg their custom- ary rates. Lawyers gain valuable experience han- dling initial client interviews. Cons: Only a small percentage ot the referrals evolve into clients. Many referrals simply want to pay the nominal fee in exchanle tor a limitec rie-iro~~ ~Co ,lullation. Also, the relerred client often nc. waited until tho last minl prior to a - on nage .2

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