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Dishing Dirt on Lawyer Disbarments

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sinking shipIt is an accepted fact of legal journalism that the most popular sections of a law publication are the obituaries and disciplinary actions.

Death and disbarments. That’s what sells. We can’t wait to find out who’s dead and who’s in trouble.

Which is why the Legal Profession Blog holds such fascination.

Think of it as the TMZ of blawgs.

The editors are all law professors with an obsessive interest in lawyer ethics, licensing and discipline. Their site compiles cases of lawyer misconduct and malpractice from all 50 states.

I’ve never met any of these law profs but I’ll bet they’re a blast at happy hour. Imagine the stories!

Following is a sampling of some of their recent case reports:

  • Plain or peanuts? A disciplinary complaint filed against an Illinois attorney alleged two criminal convictions – one for walking into a store and eating M&Ms without paying for them.
  • Dear old Dad, Part 1. A bar applicant in Ohio was denied admission for, among other things, suing his father over trusts funded from his mother’s inheritance.
  • Still alive and suing. A New Jersey lawyer who provided legal services for a business called, “I’ve Got You Covered – Associates On the Go!” was reprimanded. The problem: she had retired from practice in 2004.
  • Working overtime. A Massachusetts attorney was suspended for four years for overbilling public agencies in two states for court-appointed services to indigent children. He was found to have submitted “inaccurate, and greatly inflated, and/or simply false” billing statements over a period of years. He reportedly billed 3,642.5 hours in 2008 and 3,826.25 in 2009. That averages out to roughly ten hours a day every day, including weekends and holidays.
  • Dear old Dad, Part 2. A judge in Alabama was reprimanded and censured after dismissing a speeding ticket issued to his son. The dismissal occurred outside of regular court and without notice to the prosecutors or the presence of the son.
  • Okay, here’s what really happened. A law graduate was denied admission to the Ohio Bar in part because he failed to disclose 14 traffic citations on his application, including driving on a suspended license. He gave four different explanations for his failure to disclose.
  • From Superlawyer to suspended. A Pennsylvania attorney with a “Superlawyer” designation agreed to a 30-month suspension based on a number of stipulated ethical violations, including dishonesty in providing access to his firm’s Westlaw account to a friend.
  • Oh, you mean that Will. An attorney in Kansas was suspended for one year for misconduct in a probate matter. He filed a pleading that claimed the decedent left no Will, although he had a copy of it in his file.
  • Wearing lots of hats. An Arkansas attorney was reprimanded for conflict in interest in an adoption case. The attorney represented the birth mother, the newborn child (as court-appointed temporary guardian) and the couple seeking the adoption. She also had a personal conflict of interest.
  • Two timer. A New York lawyer was suspended for six months for bigamy.
  • Dear old Dad, Part 3. A Louisiana lawyer was suspended for twice forging her late father’s signature on documents transferring the title of a 1995 Dodge Neon to her name.

The authors of the Legal Profession Blog use a breezy, police-blotter style to report legal misdeeds and malfeasance. But I don’t think they’re making light of attorney misconduct or trying to ridicule the defendants.

They’re ethics experts, after all. What they’re doing is giving us vivid, real-life examples – sometimes humorous, sometimes poignant – of how a momentary lapse of reason can lead to permanent problems.

Source: Legal Profession Blog http://lawprofessors.typepad.com/legal_profession/

Jay Reeves a/k/a The Risk Man is an attorney licensed in North Carolina and South Carolina. Formerly he was Legal Editor at Lawyers Weekly and Risk Manager at Lawyers Mutual. He has never appeared in Legal Profession Blog. Contact jay.reeves@ymail.com, phone 919-619-2441.

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8 Tips for Easing Eye Strain in the Law Office

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 Eye ExamWe don’t normally think of law offices as dangerous places to work.

Yet we know that daily typing on a keyboard can cause carpal tunnel syndrome, and cradling a telephone to the ear can cause neck pain.

Now comes research that indicates prolonged sitting can increase one’s risk of heart attack, stroke and death.

A less publicized office peril  – probably because its ill effects are more subtle than a throbbing wrist or a aching neck – is eye strain.

But anyone who has spent time staring at a computer screen has felt the pain. And these days, even when we leave work our poor peepers are glued to iPhone, tablet and PDA screens that are getting tinier all the time.

There’s even a fancy name for it: Computer Vision Syndrome (CVS).

Symptoms of CVS include blurred vision, burning, stinging, photophobia and a need for eyeglasses. A recent study shows that 1 out of 6 patients who go in for an eye examination has a computer-related eye problem.

But CVS is more than just a health concern. It decreases office productivity and morale. And it increases the likelihood of mistakes.

8 Ways to Save Your Eyes at Work

  1. Use the 20-20-20 solution. Every 20 minutes, take a break for at least 20 seconds and look at objects that are 20 feet away.
  2. Blink. People who stare at computers blink 60 percent less often than those who don’t. This dries the eyeball and causes irritation. Get in the habit of looking away from the screen and taking a nice long blink. Lubricating eye drops can also help.
  3. Get an eye exam. Computer users should have their eyes checked once a year, says the National Institute of Occupational Safety and Health (NIOSH).
  4. Use good lighting. Excessively bright lights and overhead fluorescent tubes are bad. Floor lamps – especially those that provide indirect incandescent or halogen lighting – are better. Position your monitor or screen so that windows and artificial lights are to one side, not in front of or behind you.
  5. Reduce glare. This can come from shiny walls, mirrors and framed pictures. Cover windows to cut down on outside light. An anti-glare screen on your monitor may also help.
  6. Get a better monitor. Replace old tube-style monitors (cathode ray tubes or CRTs) with a flat-panel LCD display. Pick one with the highest possible resolution.
  7. Adjust the settings. The brightness of your display should match your workplace surroundings. Black print on a white background is easiest on the eyes.
  8. Take a break. Get up and move around every half-hour or so. Your increased output will make up for the “lost” minutes. Regular breaks will also ease stress on your neck, back and shoulders.

The eyes don’t always have it in the law office. Follow these steps and see your way to a happier – and healthier work life.

Jay Reeves a/k/a The Risk Man is an attorney licensed in North Carolina and South Carolina. Formerly he was Legal Editor at Lawyers Weekly and Risk Manager at Lawyers Mutual. He sometimes sees things that aren’t even there. Contact him at LinkedIn or email jay.reeves@ymail.com, phone 919-619-2441.

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Lawyers Mutual Opens Free Lending Library

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LibraryIt’s almost that time of year for stretching out on the beach or relaxing in a hammock with a good book.

And Lawyers Mutual has a selection that you will make you smarter and safer – absolutely free.

Lawyers Mutual has set up a Lending Library for insured lawyers, law firms and their staffs. The shelves are stocked with titles that will appeal to solos and senior partners, job seekers and rainmakers.

You can check out a volume on unbundling legal services and uploading software. Hanging out a shingle and winding down a practice. Hiring a secretary and firing a client.

Browse the legal aisles by going to the Lawyers Mutual website and clicking on Risk Management Resources. From there, click Lending Library. 

You will be given a shopping cart just like at a commercial bookstore. Only this one is free to all Lawyers Mutual insureds.

The books are arranged by title and topic: Client Relations, Ethics, Law Practice Management, Risk Management, Social Media, Substantive Law and Technology.

There is a review function so you can what others have to say about the publication.

Here is a sampling of 10 Titles From Lawyers Mutual’s Lending Library:

  • Practicing Law in Small Town America, by Richard L. Hermann. Paints a picture of what small-town practice is like in its rich diversity, examines how local practitioners got to where they are, and details what an aspiring small-town lawyer needs to know and do in order to locate in – or relocate to – a small community.
  • Guerrilla Tactics for Getting the Legal Job of Your Dreams, by Kimm Alayne Walton, JD. This book leads you step-by-step through everything you need to do to nail down that perfect job. You’ll learn hundreds of simple-to-use strategies that will get you exactly where you want to go.
  • Flying Solo, by K. William Gibson. Whether you are thinking of going solo, new to the solo life, or a seasoned practitioner, Flying Solo provides time-tested answers to real-life questions.
  • Customer Service: New Rules for a Social Media World, by Peter Shankman. Using social media, you can deliver amazing customer service–and generate an army of fans who’ll promote you in good times and rescue you from disaster.
  • Facebook in One Hour for Lawyers, by Dennis Kennedy & Allison C. Shields. This will show any attorney – from Facebook novices to advanced users – how to use Facebook for both professional and personal purposes.
  • Lawyers at Midlife, by Michael Long, John Clyde, Pat Funk. A personal and financial retirement planner for lawyers.
  • Limited Scope Legal Services, by Stephanie L. Kimbro. Practical, tested solutions for setting up unbundled practices in your firm.
  • Model Rules of Professional Conduct 2012 Edition, by the American Bar Association. Federal, state, and local courts in all jurisdictions look to these rules for guidance in resolving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more.
  •  North Carolina Small Law Office Resource Manual Fifth Edition (2011), by The North Carolina Bar Association. The totally revised and updated 2011 N.C. Small Law Office Resource Manual and Forms CD is designed to provide practical and concise answers to many everyday law practice management questions.

And what library would be complete without a copy of that old warhorse: How to Start and Build a Law Practice, by Jay G. Foonberg.

It’s packed with more than 600 pages of guidance on identifying the right location, finding clients, setting fees, managing your office, maintaining an ethical and responsible practice, maximizing available resources, upholding your standards, and embracing your inner Jay Foonberg.

 Jay Reeves a/k/a The Risk Man is an attorney licensed in North Carolina (active) and South Carolina (inactive). Formerly he was Legal Editor at Lawyers Weekly and Risk Manager at Lawyers Mutual. Have I mentioned that I met Jay Foonberg? Contact jay.reeves@ymail.com, phone 919-619-2441.

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15 Tips on File Retention

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legal filesEvery law office should have a policy on the retention and destruction of closed case files.

The policy should cover the procedures to follow in file closing, storage, transfer from active to inactive status, and destruction. It should have ample “open space” to allow for exceptional circumstances.

Creation of the policy should be a collaborative effort among all who have responsibility in implementing it. The policy should be in writing, and it should be a part of your office manual, if you have one.

Once the policy is completed, it should be explained to the entire office. Staff should be educated and trained. A great idea is to hold an office meeting, perhaps during lunch hour, to review the policy. A copy of the policy should be available in the file room. Bullet-point summaries can be copied and posted where appropriate.

Following are some additional tips:

  • Designate one person to be in charge of the file retention/destruction process, along with an alternate.
  • Be alert for federal, state and local rules for maintaining client records, documents and financial information.
  • Storing files costs money and takes up valuable space. Factors to weigh when developing your policy include the cost of storage, the benefits of retaining them, and the risk of destruction.
  • If destruction of the file or some of its contents would harm the client’s interest, then it should not be destroyed. This will depend on the type of case and the circumstances of representation.
  • Never forget that you do not own the file. The client does. This is true even after the case is closed.
  • If you want to make a copy of the file, you must bear the copying cost.
  • File retention becomes critical when a firm dissolves, merges, adds new partners, and when members retire or leave the firm. Who is responsible for the files? Which files or portions of files can members take with them?
  • Client property other than funds must be safeguarded, identified and accounted for. See N.C. Rule 1.15.
  • The duty of client confidentiality continues even after the matter is closed. It applies to present and former clients.
  • Documents may be disposed of after notice to the client unless: (a) the document must be maintained by law, or (b) the document establishes some substantial personal or property right. In the case of (b) the document should be disposed of only after notice to the client and express written consent to disposal.
  • Responsibility for proper disposition of case files is joint and several among firm members.
  • Follow the N.C. Bar Trust Account Guidelines. “A lawyer shall maintain complete records of all funds, securities, or other property of a client … for a period of six (6) years following completion of the transactions generating the records.”
  • Some lawyers keep files forever. Others dispose of them as soon as they are ethically allowed to do so. Your policy will depend on the nature of your files and your own comfort level.
  • Express agreements between the client and lawyer on the disposition of closed files eliminate misunderstandings and minimize risk.
  • Read and review RPC 209.

For more information, review the risk management handout “File Management: Retention and Destruction” on our website.

Jay Reeves a/k/a The Risk Man is an attorney licensed in North Carolina and South Carolina. Formerly he was Legal Editor at Lawyers Weekly and Risk Manager at Lawyers Mutual. He attended three years of law school but has no idea who Shelley is or what Shelley’s Rule is about. jay.reeves@ymail.com, phone 919-619-2441.

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5 Tips for Completing Your To-Do List

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checklistFor years the first thing I did every morning at work was to make out my daily to-do list.

Then at the end of the day, before heading home, I would look at my list and weep. Not only were most of the original items still there, but several new ones had been added.

Imagine Sisyphus rolling that rock up the hill, only each day the rock gets bigger.

And then my youngest son Rudy – a college junior in Oregon – showed me the light. It happened during a phone conversation that he cut short by saying he had an important appointment. Now Rudy is a fine young man, but he is not an appointments kind of guy.

When I asked for details he said the appointment was with himself, to work on a physics project. It seems his professor encourages students to formally schedule homework appointments – just as they might schedule a doctor’s appointment. The prof even checks in by text or email to make sure the student has kept the appointment.

Eureka! Now I saw my error.

Making a to-do list was only the first step. I needed to follow up by taking the most urgent tasks on the list and making an appointment with myself. This required pulling out my calendar and blocking out a specific chunk of time to actually do the work.

Otherwise, it is 100 percent certain that my good intentions will get side-tracked by an unexpected call, walk-in visitor, or can’t-miss YouTube video of cats playing ping-pong.

5 Tips For Getting Things Done

  1. Build walls for protection. How often do colleagues pop their head in your office and ask, “Got a minute?” Hours later, after listening to their latest life drama, you return to your work. Don’t let it happen. Close your door. Tell your secretary you’re unavailable. Go work in the broom closet.
  2. Keep track of your time. It is precious and finite. Know how you are spending it. This starts by keeping an activity log – whether you bill for your time or not.
  3. Watch out for time wasters. Like online surfing, personal phone chats, and daydreaming of cats playing ping-pong. 
  4. Apply the three minute rule. If something can be done in three minutes or less, stop and do it. Right then. Don’t clutter your to-do list with tasks that can be knocked out in no time.
  5. Declare a computer holiday. Stay offline one entire day each week. You’ll be amazed how much extra time you have. And don’t worry, you’ll survive without knowing what Justin Bieber is doing at any given moment.

Who knows, you might even be able to complete your to-do-list in time to go home and play some ping-pong with your cat.

Jay Reeves a/k/a The Risk Man is an attorney licensed in North Carolina and South Carolina. Formerly he was Legal Editor at Lawyers Weekly and Risk Manager at Lawyers Mutual. He doesn’t have a cat. Contact him at LinkedIn or email jay.reeves@ymail.com, phone 919-619-2441.

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