Articles

Recent bank failures have caused concerns for lawyers holding client funds in their trust accounts. Many of our insureds have contacted Lawyers Mutual to ask questions about their ethical and malpractice exposure and any steps that they can take to protect themselves and their clients.  Read More +

I must confess to being a bit of a neat freak about my home and workspace. I believe the benefits of orderliness – knowing where things are, not wasting hours looking for what you need, having a comfortable landing pad after another hard day on planet earth – outweigh the modest cost in time and ef… Read More +

There exists in the legal profession an unrealistic expectation of perfection. I say unrealistic because I have not yet met a lawyer who has not made a mistake at some point in his or her career. The best lawyers make mistakes. If you practice long enough, you will make a mistake. This does not mean that you ar… Read More +

The pilot for the eCourts launch in North Carolina went live on February 13 in Wake, Lee, Harnett, and Johnston counties. There are several components of the eCourts system. Tyler Technologys’ Odyssey is the integrated suite of products for attorneys, court personnel and the public that will replace 40+ legacy systems for eFiling, financial management, and document management for all case types. This integrated system is called the Odyssey Integrated Case Management System (ICMS). Read More +

There was a time when I was a little bit obsessed with productivity books. (That time was known as my entire adult life up to and including today.) I don’t know why, but I love them. All evidence to the contrary, I always feel like I am one good self-help book away from really firing on all cylinders. In actuality, I have a shelf full of books that I never look at and as for firing on all cylinders… I could charitably be described as cruising in eco mode.   Read More +

Do you deliver client service on a silver platter or in a crumpled paper bag?  The answer could determine whether your law practice is soaring or stagnant. As an illustration, consider the following Tale of Two Glasses.   Read More +

After obtaining a $20.7 million class-action verdict from Kimberly-Clark[i] and making over a hundred appearances on various television talk shows[ii], attorney Michael Avenatti’s once-rising star plummeted. While facing allegations of domestic violence and charges for tax evasion, wire fraud, and identity theft, Avenatti decided to leverage “the power of his platform” to extort Nike by demanding money in exchange for silence on the company’s allegedly illegal practices.[iii]  This scheme eventually landed Avenatti in jail for 30 months.    Read More +

Want a New Year’s Resolution that’s free, painless and guaranteed to improve your Law Life? Resolve to make 2023 the Year of Managed Expectations.  To succeed, you don’t have to join a gym, swear off Ghirardelli Premium Chocolate Squares, or cancel Netflix. You will have to change your thinking – and perhaps a behavior or two. But if you stick with it, great riches will come your way. Read More +

If you practice law long enough, you are bound to make a mistake while representing a client. Some mistakes are harmless and immaterial. Other mistakes may be fatal to your client’s case. In between those two extremes are mistakes that cause your client to suffer some negative consequences or create the possibility of negative consequences in the future. What is required of you when you make a mistake depends on the nature and severity of the error. Failure to make appropriate and timely disclosure of errors can result in adverse disciplinary, malpractice and coverage consequences.   Read More +

Where are You Now? Odds are that you are sitting in the Triangle, the Triad, Charlotte or perhaps in Fayetteville, Asheville or Wilmington. There are fewer lawyers per capita in North Carolina than in other large states, especially in rural communities. The American Bar Association survey published in 2022 sta… Read More +

I grew up with my German grandma living with my family. She was like a third parent to my brother and me. She wasn’t an educated person; her formal schooling ended in 8th grade and she immigrated to the US in the early 1920’s after she turned 18. She was smart and wise and had lived through the best and worst the 20th century had to offer.   Read More +

Small confession: there was a time, about 20 years ago, I was on a night flight back from Houston. I had spent all week at a stressful NITA advocacy program. I was exhausted and couldn't wait to get home to my own bed. And for some reason, out of nowhere on this very routine flight, I developed an immediate and intense fear of flying that lasted for two or three years. For years after that night, every time I flew anywhere, I was freaked out and terrified about crashing. Not a super fun travel experience for Mrs. Mazzone.   Read More +

A recent Ohio case teaches two lessons for the former spouse in a military divorce case: a) do not ever rely on government life insurance in a settlement, and b) be sure you have made a timely election of the survivor annuity, in case your EX dies first.  Here the parties were divorced in 2005, and the decree required the ex-wife to be designated as beneficiary for the Veterans Group Life Insurance (VGLI) and the Survivor Benefit Plan (SBP) of the husband, a military retiree.  Read More +

Funny how a children’s fairy tale can point the way to a vibrant and satisfying Law Life. Aesop’s classic The Tortoise and the Hare does just that. We all know the story – at least the Bugs Bunny version. And yet, in the whirl and blur of our modern world, it is easy to forget its valuable lessons. Pace yourself. Slow and steady wins the race. Snooze, you lose.   Read More +

Many books about partner compensation are written from a BigLaw perspective. Camille Stell and Brenda Barnes recognize that most lawyers work in smaller and mid-size firms where core values and personal relationships mean so much.   Read More +

I’m not a doctor, but I play one on the internet. A few years ago, an Italian orthopedist spoke at a medical conference about some special technique she invented. The conference materials apparently listed my email address for the doctor’s contact information (her actual email is different from min… Read More +

The NC Secretary of State’s Office is currently seeking comments on the Advance Notice of Proposed Rulemaking (ANPR) #1 untilNovember 30, 2022. To review and submit comments, please visit www.sosnc.gov/rulemaking.   Read More +

Missed deadlines remain the number one source of claims at Lawyers Mutual. Although it appears missed deadlines would be an easy error to avoid, we see it all too frequently. Missed deadlines can include missed statutes of limitations, missed deadlines to obtain alias and pluries summons, missed discovery deadlines, and missed appellate deadlines. Having a good docketing and calendaring system, as well as a routine surrounding deadlines, can help avoid this all-too-common mistake.    Read More +

Over the years, I have represented lots of lawyers who had unsatisfying Law Lives because they were chasing after the wrong things.  This was not my judgment, mind you. This was by their own admission, though it often took them a while to realize it. For years – sometimes decades – they had been too busy waking up each morning, putting on their lawyer hat, and doing what they did the day before to indulge in career introspection. Besides, it seemed to be working. Their practices were thriving, their appointment calendars full, their in-box overflowing.   Read More +

If you are one of the many, many lawyers who has an iPhone tucked away in a pocket or bag, you have probably noticed by now that Apple released a new operating system for the iPhone, iOS 16. The updates with the new number (as opposed to the decimal additions like 16.0.1.1) are the big ones. The ones where Apple packs in a lot of new features and injects your aging phone with a shot of new life.   Read More +