|
PRACTICE MANAGEMENT TIPS
By Kay G. Kenny, Assistant General Manager and Marketing Coordinator,
Legal Mutual Liability Insurance Society of Maryland
We are frequently asked by law firms how they can save money on their lawyer's professional liability insurance. Beyond the obvious answer of avoiding all possible claims or practicing in low risk areas (are there any these days?) there are some distinct tips we can pass along to you that will certainly help:
First: Have all the members of your law firm attend continuing legal education courses, even though it is not mandatory to do so in Maryland. Although we recommend staff attending, too, the credit is developed by answering this question on both the new business and renewal applications: "How many attorneys have attended a continuing legal education program in the past 12 months?"
Second: Utilize solid firm management procedures. Credit may be given for those characteristics representing good quality management skills such as, but not limited to, the following:
a. Existence of a conflict of interest system to avoid potential conflicts;
b. Minimal or no fee disputes or suits for the collection of fees;
c. Proper use of engagement letters or retainer agreements on new matters, written fee arrangements and billing schedules, declination or non-engagement letters when representation is declined, closing letters when representation is completed.
d. Guidelines for determining the types of cases the firm will accept;
e. A docket control system with at least two independent date controls. Install and use a computer-based calendar system. Law firms utilizing computer calendars with all of its available features are less likely to miss a crucial deadline.
Note: For assistance with the various docket control software programs available, you may call Pat Yevics at the MSBA, LOMA Section, at 410-685-7878, and she will be glad to assist you.
f. Back-ups for solo practitioners - include the name of an attorney who could serve in a back-up capacity in case of an emergency;
g. Submit your renewal application in a timely manner
not the day before or the day of
Third: Call our office or go on-line to obtain a copy of our Loss Prevention Self Audit. It is an audit designed to allow you to measure the strengths and weaknesses of your practice's current loss prevention program techniques. The audit helps you identify areas in which loss prevention techniques can be implemented as an effective tool in controlling your exposure to malpractice claims. We do offer a Claims Free Discount for those firms who qualify
MORE PRACTICE MANAGEMENT TIPS
In September 2002, the staff of Legal Mutual attended the annual meeting of NABRICO (The National Association of Bar Related Insurance Companies). Several suggestions were presented regarding practice management that may be worth considering in your practice:
"A" VERSUS "D" CLIENTS
One of the sessions featured Mr. Dustin Cole, President of Attorneys Master Class and Former Director for Atticus, a leading practice development organization for attorneys.
Mr. Cole assists attorneys and firms in developing their practices. The one common thread in small firms is unproductive time spent on legal matters for so-called "D" clients, rather than using that time to market and promote better relationships with "A" clients. If lawyers end up with too many "D" clients versus "A" clients they are likely to become frustrated with their practice very quickly.
An "A" client is the client that you work well with, has clearly definable legal issues, pays bills promptly and usually without much question, accepts advice willingly and refers other clients to you.
A "D" client, one that got through your initial screening process, is one that often has very questionable legal issues or goals, pays bills with delay at best and usually with some question, believes they know more law than you do and is NOT a source of referral business.
Mr. Cole suggests that lawyers are much better off in the long run by eliminating the "D" clients whenever possible. Although there may be a short term loss of revenue, the time no longer spent on D-client matters can be spent fostering A-client relationships, which in turn should lead to a more rewarding and enjoyable practice.
NETWORK SECURITY
The Asgard Group of Fort Lauderdale specializes in computer network security. The major focus of their presentation was the increased risk firms are facing regarding network security when they implement new "wireless" network systems. The ability of hackers to invade such a system is very great, as was demonstrated at the session.
A laptop computer can be purchased with a wireless network card and a transmitter which plugs into a system wall plug. The computer can then be tied to the network, and moved around the office, without the impediment of a cable hooked up to the computer. The problem is that "hackers" can literally drive around an area, run scans for these "wireless" portals, "impersonate" the laptop computer and gain access to information on the system. Major breaches of security have been found in banks, CPA firms and law firms, all institutions where privacy of information is of utmost importance. What makes this technology even more appealing to hackers is the extreme difficulty in tracing illegal activity. Unlike security attacks over the web, attacks through a wireless system or portal leave few, if any, electronic "footprints" to be traced.
The damage a wireless intrusion can do is no different than an attack over the web. Data, documents and other information can be stolen; viruses transmitted into the system; even unauthorized alteration of a company or firm's website can be accomplished. This list is only a small example of the damage that can be done. Hackers have been known to use a firm's file server to store information for use on the web, without the firm realizing that there has been an intrusion. One firm discovered they had this problem when it investigated why their entire system began to operate more slowly than expected.
There are several levels of security that can and should be employed to prevent a wireless network intrusion, but none are immune from attack by an experienced hacker. The greatest level of security employs the use of more than one file server, so the usual reason for considering wireless technology, convenience and/or cost savings, is reduced or totally eliminated.
The best advice to lawyers and law firms is to avoid the use of wireless networks or employ them only when the greatest levels of security precautions can be implemented.
Resources: NABRICO Fall 2002 Annual Meeting; OBLIC Malpractice Alert, November 2001.
Back to Risk Management
|