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Building a Solid Foundation

This stimulating seminar will offer practical tips you can immediately incorporate into your practice to help minimize risk from malpractice claims, more than half of which arise from common practice areas according to CNA claim statistics.  Led by lawyers for lawyers and including dramatic videos, presentation slides and an interactive discussion, this seminar will help lawyers analyze the risks of common client services and consider both ethical obligations to clients and practical means of managing risk during the representation.

Discussion Topics:

¨ The Law of Lawyering — Focusing on the law regarding the standard of care for an attorney, including a  review of case law and rules establishing attorney standards of care and local statutes of limitation and repose. We’ll provide resources to stay abreast of new developments and discuss common areas of practice that lead to claims and ethical grievances.
 
 
 
¨  Working With Clients — Learn how to minimize client claims and ethical grievances by listening and communicating effectively. An audience participation exercise demonstrates how expectations and perception impact client satisfaction.   Covers the importance of well-drafted retention agreements and disengagement letters, and strategies to manage uncooperative or disappearing clients.
 
 
 
¨ Documenting Your History — Learn how to properly document your work, keep clients informed as to the status of the matter and be prepared to defend yourself in the face of a claim or ethical grievance. Includes strategies for creating successful records management plans.
 
 
¨ Adapting to Technology — This section focuses on the changing standard of care obligations for attorneys based on advances in technology. This section will discuss techniques to help protect confidential and personal information as well as how to respond and react in the event of a security breach.
 
 
¨ Planning For the Future — This section will discuss how to manage risks arising from retirements and/or impairments of attorneys in a law firm or in sole practice, including a discussion about how to create a formal written succession plan. There will be a discussion about the duties and obligations of attorneys involved in the sale of a law practice.
 
 
 
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Dealing With Errors — This topic will discuss what to do if an attorney believes that he or she has made a mistake on behalf of a client, including the duties owed to clients, insurance carriers and colleagues. Discussion will include procedures to follow in order to manage and minimize risk.

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Last modified: January 26, 2010