“Top Ten Causes of Malpractice” Article Hits Home

My recent article “Of The Top 10 Causes of Malpractice & Grievances – 8 Are Sloppy Housekeeping!” has been reverberating around the web thru LinkedIn, Twitter and e-mail at a far greater volume than I ever expected, especially my comment on the all-too-typical lack of control of open files. I’ve lost count of the times I have forwarded my Case Manager Form to worried attorneys.

So I’ve decided to follow up in three ways. First, I will deconstruct the half-day seminar I have been conducting around the country,Ethics and Managing Risk in the Law Firm into small bites, and post them right here over the next few weeks.

Second, I will offer a free 30-minute coaching call on key areas of concern to the first 10 people who send  an e-mail request to me at dustin@attorneysmasterclass.com.

Third, I will again offer my Case Manager form, which provides a simple way for attorneys to track & manage the work, to anyone. Just e-mail me a request to the above address.

And stay tuned. If you’re not one of the first 10 requests, I’ll extend the offer again with each bite of my risk management program, so try again next time.

“Ethics and Managing Business Risk In the Law Firm”

On July 26-27 I’m conducting a very important seminar in Greenville & Columbia, South Carolina. “Ethics and Managing Business Risk In the Law Firm” is a risk reduction program with a major marketing training component, because I believe a high percentage of malpractice and grievance problems occur due to insufficient income, which compromises the attorney’s ability to deliver the highest quality work and can tempt good attorneys to misuse client funds.

A catastrophe or a serious error can completely destroy a legal career. Too many good attorneys have gone down in flames because of lack of preparedness for a disaster(and they come in a wide variety, from natural to employees or even partners), or lack of income. Because of its importance, it qualifies for 3.0 South Carolina MCLE credit hours, including up to 3.0 LEPR credit hours.

If you’re anywhere close, I encourage you to attend. You can register at http://bit.ly/IZRt6n. If you would like a copy of the handout, e-mail me at dustin@attorneysmasterclass.com

Of The Top 10 Causes of Malpractice & Grievances – 8 Are Sloppy Housekeeping!

The Florida Bar Law Office Management Assistance Service, and its Director, my friend Judy Equels, a while back shared some startling statistics with me as we co-developed a legal risk management program.

I’ve often said that most good lawyers are terrible business managers, and these statistics prove just that: of the top 10 most common malpractice & grievance issues, the top 8 are NOT LEGAL BUT OFFICE MANAGEMENT related – AND HIGHLY PREVENTABLE through instituting of basic operations systems and procedures. They are:

1. Failure to manage time/procrastination
2. Failure to docket – identify/document deadlines
3. Failure to manage information
4. Failure to obtain client consent
5. Failure to file documents timely
6. Missed or unresolved Conflict of Interest
7. Poor communications with client
8. Failure to follow client instructions
9. Inadequate discovery/investigation
10. Failure to know/apply the law

How do you know if you’re at risk? If your answer to this basic question: How many  files do you have open right now is – “uh, about. . .” If you don’t have a daily handle on how many, what you’re currently doing in each, and the deadline for its completion – you could well be headed for the cliff. At the very least, you’re losing too much sleep worrying about what you might have missed in that pile of files on your desk

Don’t ignore this major sign of potential disaster. If you would like a copy of my simple tool, the Case Manager Form, just shoot me an e-mail at dustin@attorneysmasterclass.com and request Form TP-04.

Dinosaur Dewey Teaches the Profession Some Simple Lessons

Four lessons for the legal profession from the Dewey LeBeouf debacle:

Lesson One: Law firms are businesses, and need to be run like one. The old law school indoctrination that “you’re not a businessperson, you’re a professional” comes home to roost.

Lesson Two: Most lawyers, like doctors, are crappy business people. Great legal skills don’t equate to great business skills. The Dewey head cheese blithely gathered in other big-ego and big-reputation people like it was 2005 and the boom was on. He made outrageous promises that sank Dewey when they couldn’t deliver. The Executive Committee was even worse. They thought their role was to be the sounding board and implementer of the head man’s grandiose ideas, instead of what they were supposed to be: protectors of the corporate finances and manager of the CEO, not the other way around. A surfeit of bad business people.

Lesson Three: Today ain’t yesterday. It’s more like tomorrow. While big firms like Dewey follow old paths toward oblivion, hundreds of young firms, unencumbered by the structures and traditions of the past, are busy transforming hiring smarter, building more flexible, virtual structures, casting off the caste system, and learning how to profit by delivering great work at reasonable – and often flat – rates.

Lesson Four: Success comes from looking UP from your client’s perspective instead of  from the firm’s lofty perch DOWN. Ask Apple. Ask Google. Great businesses are customer-centered, not ego-centered.

 

Lessons from the Northwest Woods

Every time I travel to teach, I end up learning something. Just returned from conducting “Managing Disasters and Risk in the Law Firm” in Missoula, Montana, and was powerfully reminded of what the REAL legal profession looks like.

The press – including most of the ABA press – is about the high-flyers – the big firms, the big money, the big cases. But 62% of the profession isn’t any of that. they’re one-ers and two-ers, guys and gals just out to make a living doing the unglamorous stuff that makes the country work. Wills, closings, divorces, traffic and DUI defense, property disputes, bankruptcies and business disputes.

The Missoula audiences, and the discussions afterwards were filled with them. But what shined through is something we often don’t notice in the day-to-day scuffle. Commitment. Idealism. Principle. The attorneys I met, young and old, radiated it, almost to a person. Out there where most are in jeans and boots, it’s a little more visible than in the big cities, where most wear the obligatory lawyer garb. In Missoula the realness shows through. The caring about our world and its people. How the next generations will live in the cities and in the environment.

Admittedly, living in that moment-to-moment breathtaking land, much more of daily life -and the practice of law –  is about protecting the environment and a livable future. But what swirled to the top of every conversation was an almost universal commitment to protect – something.

And isn’t that, at the end of a hard day, pretty much what the legal profession is about?

Oh, the Places You’ll (Fail to) Go: How Great Intentions Turn Into Great Disasters

Each time I’m called to conduct a retreat, I’m reminded that lawyers are great at lawyering, but often stink at anything relating to effective business operations. One recent “retreat,” actually an informal mediation in a year-old two-attorney merger, was typical.

Musing 1: The Shoemaker’s Children Have No – Common Sense.
Two plaintiff attorney “partners” had been working together as a “firm’ for over a year without anything in writing. No shareholder agreement. No compensation/origination plan. No shared responsibility for the credit line. No employment agreement. Now these two, who had started out as friends, were trying to sort out all the “I thought you” and “remember we discussed” and “I don’t recall,” “you owe me for…” and “I deserve…”

The result was predictable. Nearly all the optimism lost, fear and anger rising. On the verge of MAD – mutual assured destruction.

I was called in to see if this “partnership” be saved. After a tough day, we were able to work through most of the issues without bloodshed. But in the long term, even if the partnership proceeds, the friendship and trust will remain wounded – unnecessarily. All because they didn’t make it a priority to work out all the issues BEFORE moving in together.

Do YOU have a partner agreement & compensation structure, or just a handshake? “We trust each other” won’t be enough when big enough problems surface. Take time now to get it all in writing.

One partner dispute I remember from the distant past resulted in seven years of suits and countersuits. Worse than breaking a mirror.

Musing Two: Cancer Sometimes Masquerades as a Friend
The two above partners wanted to make it work. Unfortunately, one attorney’s longtime trusted right hand staff member didn’t want her world disturbed. Like a spoiled child, she subtly spread rumors, created dissension, and destroyed staff trust. Her sabotage and lack of cooperation was close to destroying the attorney’s trust in the incipient partner. Fortunately we were able to finally recognize the problem. If blind loyalty trumps a better future and staff is running the firm, it’s time for the attorney to turn in his diploma.

Musing 3: Succession Planning Isn’t for Wusses.
The purpose of the merger, such as it was, was to create a succession plan for the senior attorney. Unfortunately, it was approached in the same way as the “partnership.” No plan, no structure, no idea of what was needed to make it work – and a deep paranoia from the senior partner, even though the whole idea was his in the first place.

Succession planning isn’t for wusses. Attorneys who think they know everything too often end up failing miserably at the process. And both the senior and junior attorneys end up losing literally hundreds of thousands of dollars in personal income.

What we grudgingly cobbled together in the retreat worked for a few months. But presently the two are in a legal and financial struggle to the death, which will entail multiple lawsuits and mutual bloody clubbings in court.

If you’re looking toward a transition of any sort in your practice, doing it right takes planning and expert guidance. Anything less could be one of the most expensive mistakes you’ll ever make. Don’t do it blindly or ex post facto. Get expert guidance. Not sure where to find it? Call me. 407-830-9810.