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Publications – Lawyers Perspectives

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May 2013 Lateral Movement – The Unfinished Business Rule – What can hiring firms do to manage the risks of the application of the rule in connection with attorneys whom they hire – and what can firms generally do to prevent the issue from arising?
Mar 2013 Attorneys’ Fees – Standards for Review of Request for Court Awarded Legal Fees – What are a lawyer’s duties and responsibilities when entering and recording time charges, and what standards should attorneys expect courts to apply in reviewing requests for the award of reasonable attorney’s fees?
Jan 2013 Prevailing Party Clause in a Design Firm’s Contract - Recently there has been much discussion as to whether or not a prevailing party clause is, in fact, in a design professional’s best interest.
Sept 2012 Do’s and Don’ts of Attorney Lateral Movement: Managing the Risks – Do you know the do’s and don’ts of attorney lateral movement? Given that lawyer mobility has only increased over the past few years, you won’t want to miss how to manage the associated risks.
May 2012 Duty to Report Lawyer Misconduct – Duty to Supervise – At what point after discovering serious wrongdoing by a lawyer within a firm does the duty to report the attorney to disciplinary or other appropriate authorities arise? What other steps are advisable for the law firm to taje when such wrongdoing is discovered?
Mar 2012 Avoiding Malpractice – 12 Tips for Reducing Online Dangers and Liabilities - Recently some lawyers have made front-page news by engaging in a wide variety of online foolishness. Their conduct has resulted in lawsuits, discipline, and even prosecutions. To help you and your firm avoid such potentially expensive and distracting online issues, read 12 Tips for Reducing Online Dangers and Liabilities.
Jan 2012 Attorney Client Privilege – Duty to Preserve Client Confidences – Electronic Storage of Client Information – What measures do law firms need to take to manage the risks associated with storage of client files and sensitive client information in the “cloud”?
Nov 2011 Electronics and Consent: Where Has All the Privacy Gone?-The law addressing consent to access electronic data has not kept pace with technology. People are using smartphones and personal computers to communicate continually. The lines between business and personal communications are blurring, or at least the devices used to conduct both our professional and personal business are multiplying.
Sep 2011 Civility: The Ultimate Legal Weapon? – It is commonly understood that few clients want timid lawyers. However, addressing all situations with maximum antagonism is not always the wise choice. Read why civility may be your greatest asset in our September 2011 Lawyers’ Perspectives newsletter.
Jul 2011 Textual Harassment On the Rise- In the case of sexual harassment, it is often a he-said, she-said battle. Read how texting is changing the landscape of these employment lawsuits in our July 2011 Lawyers’ Perspectives newsletter.
May 2011 Counseling Clients in Financial Distress – Individuals suffering personal financial failure or the failure of their business often need more than legal advice from their lawyer. Counsel who can identify and address the psychological, ethical, and spiritual aspects of the situation will not only facilitate the restructuring of the client’s financial affairs and have a positive effect on the individual’s personal well-being, but may recycle the occasional soul.
Mar 2011 Responsibility for Websites Lawyers Claim or Endorse—Soliciting Endorsements Including for Websites- If a third party creates a website, when does a lawyer become responsible under the ethics rules for the content of that site? If a third party posts a comment about a lawyer on a website that a lawyer has adopted or endorsed, is the lawyer responsible for the contents of such a posting?
Jan 2011 Disclosing Information- What client-related information may a lawyer disclose for conflict-checking purposes to a firm considering the lawyer as a lateral candidate?

  • Flat Fees- Also in this issue, may lawyers use “flat fee” arrangements to side-step rules relating to non-refundable retainers?
  • 2011 Risk Management Seminar Series
Nov 2010 Non-disclosures

  • Responsibility to Co-counsel
  • 2010 Risk Management Seminars
Sep 2010 Suing for Unpaid Fees? Think Again!- A suit for unpaid fees is not an automatic winner.

  • Fee Collection Checklist- Before suing for fees, use this checklist to calculate your chances of success.
  • 2010 Risk Management Seminar Series – Upcoming risk management seminars presented by Cavignac & Associates
Mar 2010 How to Avoid Potential Pitfalls for Trust, Estate and Probate Attorneys-Claims against trust and estate attorneys are steadily increasing. Find out how to avoid or mitigate the most common claims before they occur.

  • Reducing Risk in a Real Estate Law Practice – Explore the most common claim issues confronting real estate attorneys, and use practical suggestions for avoiding or minimizing those risks.
  • 2010 Risk Management Seminars – A list of our upcoming Risk Management seminars through June 2010
Jan 2010 Keeping Problems Simple – Lawyers manage problems for their clients every day, but they’re not always sure how to manage situations that might turn into malpractice claims against themselves. Travelers’ claim experts offer tips to lower your risk.

  • Choosing the Right Clients – Poor client selection is a recurring source of legal malpractice claims – and one you can control.
Nov 2009 The Changing Risk Climate for Defense Lawyers – Malpractice claims against defense attorneys have risen by 6%, greater than any other practice area. Read tips for minimizing your risks.

  • Handling a Client’s Request for the File – Failing to turn over the complete file can and does exacerbate a soured client relationship, and may lead to a malpractice claim. Read tips for turning over files.
  • Risk Management Seminars – 2009 Series – Our final Sexual Harassment Prevention Training course for the year takes place on December 4th. Don’t miss out!
  • Live Well, Work Well – Helpful health and Employee Benefits articles.
Sep 2009 Suing for Fees? Think Twice! - You can minimize the risk of a malpractice claim that is attempted leverage for a client who is unwilling to pay your bill.

  • 2009 Risk Management Seminar Series
  • Live Well, Work Well – Helpful health and Employee Benefits articles.
  • Risk Management Seminars – 2009 Series – Upcoming seminars for you and your clients from Cavignac & Associates.
Jul 2009 Breach of Fiduciary Duty and Conflict of Interest – Representing a partnership as well as an individual partner can create a conflict of interest nightmare.

  • Prevent Malpractice as Your Law Firm Grows – As you hire additional attorneys, your risk of malpractice claims grows. Your protocols for preventing malpractice suits should grow as well.
  • It’s Not Too Late to Plan for 2009! – Did you – or your child graduate from college? Did you receive a raise? If so, consider increasing your retirement savings and deferrals.
  • Risk Management Seminars – 2009 Series – Upcoming seminars for you and your clients from Cavignac & Associates.
May 2009 Confusion and Contracts Don’t Mix – Leases and other standardized contracts should include language that has withstood scrutiny from courts, plaintiffs and their counsel over a period of time.

  • Escrow Accounts and Hot Checks – Six simple steps attorneys can take to sure they will not have negative escrow account balances.
  • Employer Advisors Network – Managing Employment Law Exposures – Employment law traps attorneys can help clients avoid – and reduce their own exposures.
  • Risk Management Seminars – 2009 Series – Upcoming seminars for you and your clients from Cavignac & Associates.
Nov 2008 Practice Management Strategies, Part 21- Systems and procedures; series summary.HR Tidbits… I-9 Forms – Are you using I-9 Forms correctly?
Mar 2008 Practice Management Strategies, Part 20: Service, Turnover, and Sexual Relations- The way you view your firm can give you a competitive edge, and more…

  • 2008 FOCUS Seminars – Training seminars offered for you or your clients in our downtown FOCUS Room
  • Vision Care – UV Protection – Keep your eyes safe from the sun
Sep 2007 Practice Management Strategies, Part 19: Settlement Advice and Termination of Representation- Client regrets about settlement decisions provide fertile ground for professional liability claims.

  • 2007 FOCUS Seminars – Training seminars offered for you or your clients in our Downtwon FOCUS Room
  • Taking New Medications – Points to remember
Jul 2007 Practice Management Strategies, Part 18: Opinion Letters and Peer Review- Beware – opinion letters can open you to professional liability claims. Use the Peer Review process to regulate attorneys before rogues can damage your firm.

  • 2007 FOCUS Seminars – Training seminars offered for you or your clients in our downtown FOCUS Room
  • The Average American Spends 18 Years in Retirement – Planning tips for your retirement needs
May 2007 Practice Management Strategies, Part 17: Substantive Law, Referrals, Procrastination- Thorough, advance preparation is a must – and so is referring a matter that is outside your core of expertise. But make sure that referral is a good one!

  • 2007 FOCUS Seminars – Training seminars offered in our Downtown FOCUS Room
Mar 2007 Practice Management Strategies, Part 16: Office Sharing and Risk Management- Sharing space with other lawyers can mean sharing their potential professional liability.

  • 2007 FOCUS Seminars – Training seminars offered in our Downtown FOCUS Room.
Sep 2006 Practice Management Strategies, Part 15: Resources, Scope and Expertise- Today, your professional liability exposure level correlates to the relative level of resources you have available in your law firm. Find out what’s most important – and why.

  • 2006 FOCUS Seminars – Training Seminars being offered through the end of the year in our Downtown FOCUS Room.
May 2006 Practice Management Strategies, Part 14: The Hazards of Using ‘Of Counsel’ and Temporary Lawyers- Are potential conflicts of interest, lack of adequate supervision and vicarious liability issues that create extra-hazardous professional liability exposures worth the risk?

  • 2006 FOCUS Seminars – Training Seminars being offered from June through July 2006 in our Downtown FOCUS Room.
Mar 2006 Practice Management Strategies, Part 13: Claims and Claimants- An attorney’s professional liability exposure increases exponentially whenever he/she represents a group of people with similar interests, and approximately 15% of all successful professional liability claims against attorneys are brought by non-clients. Read how to combat these risks.

  • 2006 FOCUS Seminars – Training seminars being offered from March through May, 2006 in our Downtown FOCUS Room.
Jan 2006 Practice Management Strategies, Part 12- Find out how non-legal services and outside directorships can affect your firm.

  • 2006 FOCUS Seminars – Spring seminars available at Cavignac & Associates’ Downtown FOCUS Room.
Nov 2005 Practice Management Strategies, Part 11: Litigation Planning and Management- Litigation planning and management is a must to avoid professional liability claims.

  • 2005/2006 FOCUS Seminars – FOCUS Seminars available from Cavignac & Associates through the first quarter of 2006.
Sep 2005 Practice Management Strategies, Part 10: Technology and Practice Groups- Read how technology and practice groups can benefit your law firm.

  • 2005 Training Sessions Available at Cavignac & Associates – Seating is limited – reserve your space now!
May 2005 Practice Management Strategies, Part 9: Law Firm Practice Management and Quality Control – Read how practice management and quality control can benefit your law firm.
Mar 2005 Practice Management Strategies, Part 8: Law Firm Culture- Define the characteristics of a winning culture, and create that culture in your firm to reduce your professional liability exposure.

  • MyWave – MyWave puts the power of the Internet at your fingertips.
Sep 2004 Practice Management Strategies, Part 7 – Lateral Hires – Lateral hires almost always increase your professional liability exposures. Read why, and how to minimize your risk.
May 2004 Practice Management Strategies: Part 6 – See how financial management, internal audits and neglected files can affect your firm.
Mar 2004 Practice Management Strategies – Part 5 – See how the use of engagement letters, fee handling, file retention and the use of independent contractors impact your practice.
Jan 2004 Practice Management Strategies – Part 4 – Read how to manage Deadline and Docket Control Systems, Documentation, and Dual Professions in your practice.
Nov 2003 Practice Management Strategies Part 3 – Conflict of InterestsIdentifying and managing conflict of interests is the most critical risk management issue facing law firms.
Jul 2003 Practice Management Strategies – Part 2 – Examine the topics of Client Relations, Client Solvency, and internal Committees as possible ways to enhance your law firm’s practice management techniques.
Mar 2003 Practice Management Strategies – Part 1 – Explore arbitration, case acceptance, client intake and confidentiality, and checklists and forms as strategies to manage your exposures to loss.
Jan 2003 Reasons Why Lawyers Get Sued – New types of exposures and potential claims against law firms are constantly evolving. Here are three of the many reasons why attorneys get sued.
Nov 2002 Serving on Business Boards – Does your firm have a policy addressing circumstances under which firm members may serve on outside boards or as officers of outside businesses? See why it should.
Sep 2002 Law Firm Web Site Risks Continue to Grow – Technology and legislation are constantly converging to create new potential liabilities every day. Are you aware of the legal responsibilities that you assume as a “publisher?”
Mar 2002 Law Firm Management – Learn about risk management control spots that can reduce claims for your firm.
Jan 2002 Advance Waivers of Conflict – Because “advance” or “blanket” waivers of conflict are closely scrutinized and may be disfavored, great care must be taken when using them. Read why.
Nov 2001 The Hardening Lawyers Professional Liability Marketplace – Explains the reasons for the rate increases that were taking place prior to September 11, 2001. You’ll find out why you should start your renewal process early, and why you should budget for the price increases now.
Sep 2001 What to Do When Disciplinary Counsel Calls- Although the disciplinary rules of each state differ, there are enforcement similarities that can guide the lawyer who has received a disciplinary inquiry.

  • A Buyer’s Checklist – You have the right to expect more from your insurance company than a policy and a bill.
May 2001 The Right Amount of Coverage – How much professional liability insurance should a law firm purchase? See guidelines to consider.
Nov 2000 How to Avoid Paying for Others’ Mistakes- Professional liability issues should be one of the most important factors involved in lateral hiring decisions, yet law firms often overlook the professional liability baggage that may be associated with the lateral hire.
May 2000 Law Firms’ Use of the Internet: web sites, E-mail and Ethics – The 1983 ABA Model Rules of Professional Conduct did not address the propriety of communicating via the Internet – important issues you should be aware of!
Sep 1999 What if “The Check’s Not In The Mail?” – More than 40% of all suits for fees by attorneys result in counter-suits for malpractice

  • Home Y2K Problems Cause Inconvenience – Systems using computer chips may encounter Y2K problems
  • Protecting Your Laptop at Airports – Unwary business travelers make easy prey for thieves
May 1999 Think You Have Full Prior Acts? Think Again! – Many companies claim to offer “full prior acts” coverage. “Could have known” wordin is a serious policy limitation
Mar 1999 Letters Of The Law – Engagement letters are powerfull loss prevention too!

  • Calm Before the Storm: Prepare Today! – The Insurance Information Institute offers tips to minimize your risk of damage in an emergency
Nov 1998 Record Retention – Could your firm face liability for negligent spoliation of evidence?