• Calendar every case, not just those in litigation.
• Make or obtain a list of all critical litigation dates in your jurisdiction and dual calendar them together with adequate lead times.
• Have at least a dual caldendaring system with your secretary, keeping a matched calendar.
• Provide all due dates and adequate lead times.
• Conduct a personal, monthly hands on review of all cases in your charge to be sure each one is up to date.

Return to Contents

• The attorney's withdrawal should be confirmed by a certified letter to the client return receipt requested.
• The letter should state, in no uncertain terms, that the law firm is not taking or going to continue representing the client in that case.
• The client should be advised that there are critical time limits that must be adhered to in order to keep a claim viable.
• The client should be advised to seek other legal counsel as soon as possible to pursue his rights.
• Avoid stating the exact legal reason for rejection of the case.
• Avoid stating why, in your opinion, the case lacks merit.
• Avoid stating why, in your opinion, certain defendants are not liable.
• If you have become attorney of record in the case, then a substitution of attorneys must be obtained by client consent or a court order obtained releasing you from the case.

Return to Contents

• As a general rule, avoid suing clients for fees.
• The preventive fee arrangement: By carefully handling your fees from the outset of a new case, the need to sue a client can often be avoided.

• Refer to or associate with an expert if you lack the necessary expertise.
• Attend continuing education law courses in your fields of practice.
• Keep current with the changes in the law.
• Make a thorough independent investigation of the facts, do not rely solely upon the client's version.
• Conduct reasonable research on all of the pertinent issues.

Return to Contents

• Understand and mutually define your client's objectives.
• Develop a case plan or transaction plan with each client. Give client a copy.
• Review and make sure the client understands the risks in any procedure or action you recommend. Suggest commercially acceptable solutions.
• Have each client sign a representative agreement and make sure the client understands the fee arrangement and the agreement. Advise that you will bill periodically, preferably monthly.
• Define the client's responsibilities and encourage realistic expectations in the client. Show an interest in the client as a person.
• Define the lawyer's responsibilities.
• Be on time for appointments, if it is in your office, greet the client in the reception area and make sure the client feels at ease and comfortable.
• Return all phone calls promptly.
• Avoid taking telephone calls during office conferences with the client.
• Copy your client with your work product.
• Keep all promises.

Return to Contents

• Do not encourage clients to invest in projects.
• Do not accept stock in lieu of fees.
• Do not personally guarantee a client's obligations or have the client personally guarantee yours.
• Avoid advancing costs where possible.
• Avoid dating or having an intimate relationship with a client during the course of your representation.

Return to Contents

• Establish a "fail safe" conflict system within the office.
• Avoid suing prior clients even when allowed under the rules.
• Take only one side in a dispute.
• Receive your compensation in a transaction from only one side.
• Avoid being both a director and an attorney for a business entity.
• Where allowed, consider written waiver of conflict by the parties affected.
• Do not represent buyer and seller, landlord and tenant or trustor and beneficiary at the same time.
• Set forth who you represent in any document that you draft and, where appropriate, indicate that the other party has been advised to seek independent counsel.
• Do not act as an escrow agent in connection with the sale of real estate or a business.
• Do no accept employment from more than one client seeking to sue and collect from a single source without a specific written agreement from all plaintiffs as to how the proceeds are to be divided.

Return to Contents

• Do not name parties as defendants without reasonable research and investigation.
• Reject grudge lawsuits.
• Avoid, where possible, suing other attorneys.

Return to Contents

• Recommend adequate security where appropriate.
• Properly perfect any security document given to your client.
• Provide protection of cash payments through an escrow account where appropriate.
• If your client is sued in a liability case, make sure that all of the client's insurance policies are considered in providing defense and/or indemnity protection.

Return to Contents

• All important advice to the client should be confirmed in writing.
• It is critical to write to the client when the client is proceeding contrary to the lawyer's advice.
• Matters of less importance may be covered by memorandum to the file.
• It is important to document all settlements offered and rejected and to have them signed by the client.

Return to Contents

• Beware of the client who is changing attorneys.
• Look out for the case that has already been rejected by one or more other firms.
• Avoid the case that has an element of unavoidable urgency.
• Beware of the client who has already contacted multiple government representatives to plead his case.
• Beware of the client who wants to proceed with his case because of principle and regardless of cost.
• Beware of a client who has done considerable legal research in propria personal on his case.
• Beware of the client who is obviously recognizable as being impaired by chemical substances, alcohol, drugs, etc.
• If your first impression of the client or his course of action is unfavorable, think twice before accepting his case.
• If you and your client cannot easily agree on fee and retainer, you may be dealing with a difficult client.

Return to Contents

• If an actual claim (suit), report the claim as soon as possible in accordance with the provisions of your policy.
• If an incident occurs and you feel that it could eventually result in a claim, discuss the situation with a partner in the firm and report it to the carrier under the "Discovery" clause of your policy.
• Discuss the alleged claim or incident with an experienced attorney that you respect.
• Explore, with your carrier, whether or not the alleged mistake can be corrected by any means.
• If it is a relatively small claim, try and have it settled quickly, withing the amount of your deductible.
• Try and resolve the claim by settlement rather than by trial.
• Do not represent yourself.
• If the case proceeds to litigation, try every method of winning the case, jury trial being the last resort.
• Consider, if the possibility exists, having the case litigated in a county other than your own to avoid unnecessary publicity.
• Be completely hones and cooperative with your defense counsel.

Return to Contents

• Extending to the other side additional time in which to respond to a pleading.
• Stipulating to a given item of testimony or evidence.
• Settling a case.
• Suggesting a settlement figure to the other side.
• Rejecting a settlement offer.
• Agreeing to a continuance.
• Concluding your client's testimony in a litigation matter without checking with the client to see if he has additional testimony to impart.

Return to Contents

• In drafting legal documents, us a comprehensive up-to-date checklist as a guideline to your own document whenever possible.
• Do not accept cases for which you do not have either adequate time or capital to take the case to its completion.
• Screen out cases with poor liability early because those tend to be the cases where a statute of limitations is missed.
• If you are a new attorney, arrange to have access to a "mentor" attorney with whom you can talk over new legal and practical case control problems.
• If you are not practicing in partnership for, make your independent status form, make your independent status clear to your clients, and makes sure that your associates do so as well to avoid liability on the theory of a "defacto partnership".
• If you suspect that you or a legal associate has a drinking or a drug problem, get professional help at once.
• Any error that you wish to argue on appeal must be properly presented and preserved in the record of the trial court proceedings.
• Reinforce the elements of your firm's client service strategy at an annual retreat with everyone in the firm.
• Reward employees for being client advocates.

Return to Contents