Five Tips to Reduce the Likelihood of a Malpractice Claim
The American Bar Association reports that 4 out of 5 lawyers will receive a malpractice claim at some point during their career. Some practice areas such as residential real estate and personal injury have higher risks than other areas. However, every lawyer should implement risk management practices that reduc… Read More +
Client File Retention
Whether you are storing your clients’ files in digital format or paper, you have a duty to safeguard the file contents. This means storing the files in a safe location where they will not be damaged or destroyed and where confidentiality will be protected. Most law firms have moved to a paperless file man… Read More +
The Risks of Representing Friends
For lawyers, representing friends can seem like a kind thing to do. However, mixing personal relationships with professional responsibilities can result in a variety of complications and ethical dilemmas. While the intention may be good, doing so can compromise your objectivity, professionalism, and even result… Read More +
Oops!... I Did It Again: Missed Deadlines Continue to Plague Plaintiffs’ Attorneys
The numbers are in. Missed deadlines in plaintiffs’ personal injury cases is the single largest cause of malpractice claims against lawyers. Interestingly, it is also one of the easiest claims to avoid. Avoidance, though, requires lawyers to implement a variety of risk management procedures. Because… Read More +
Keeping Your Clients in the Dark
What do you think is the number one complaint clients have about their lawyers? It is not lack of knowledge or competence. It is not even dissatisfaction with the outcome of a matter or the cost to the client. A BTI Consulting Group Survey indicates that failure to keep a client adequately informed is far and above the number one complaint clients have. Read More +
Disclosing a Mistake to Your Client
Even the most knowledgeable and conscientious attorneys may sometimes make a mistake in representing their clients. Many mistakes are minor and do not adversely affect the client’s case. Read More +
How to Ethically Respond to a Bad Review
A former client blasts you in a Yelp review, slams you on AVVO, or posts something unflattering on Facebook. You have a choice: you can either ignore the unfavorable feedback or respond. But if you choose to respond, what should you say and how should you say it? Can you disclose specific details about the c… Read More +
Attorney-Client Relationships: LM Practice Guide
In the midst of the pandemic, it’s more important than ever to build strong, enduring relationships with your clients. It’s the backbone of your practice. Satisfied clients refer friends and colleagues. They also return for repeat business because they trust the lawyer to handle it properly… Read More +
Practice Points With Mark Scruggs - “Limited Scope” Representations
Rrecommendations for a successful limited scope representation. Read More +
Practice Points with Mark Scruggs: Improve Your Practice by Improving Your Engagement Agreement
A review of engagement agreements. Read More +
Practice Points with Mark Scruggs: The Accidental Pro Bono Client
The accidental pro bono client (i.e., non-paying or slow-paying client) Read More +
Practice Points with Mark Scruggs: It’s a New Year; Fire a Client!
Five reasons why you should review your client files this New Year and fire at least one client. Read More +
Practice Points with Mark Scruggs: The Intake Interview - One Path to a Satisfied Client (And Lawyer)
A solid intake interview will go a long way to making sure the cases you choose to work on are fulfilling for you and your clients. Read More +
Practice Points with Mark Scruggs: The Trustee’s Duty of Neutrality
Do you ever serve as trustee of a client’s trust? Read More +
Practice Points with Mark Scruggs: What Should I Tell My Client about Social Media?
Social media, clients and ethics Read More +