Risk Management (2015 - 4.0 Ethics Credits) (Audio Only)

4.0 MCLE Ethics Credits

Participants in this program  receive a 7.5% credit toward their CNA Lawyers' Professional Liability premium. Please note that the 7.5% credit is per attorney participating in the program regardless of status (open to full-time, part-time and moonlighting attorneys).

Risk Management for Lawyers 2015

The New York State Bar Association is pleased to present Risk Management for Lawyers. Designed for all practicing attorneys regardless of their level of expertise, this program will provide practical tips to help improve your practice and lessen the possibility of a malpractice claim or grievance. The program includes an overview of the New York Rules of Professional Conduct, disciplinary rules, recent developments and cases of interest.

Earn 4.0 MCLE Ethics credits while getting up-to-date tips from experienced practitioners and consultants.

Program Topics

• Competency in Area of Practice
• Recognizing and Handling Conflicts of Interest – Proper Client Intake
• Effective Client Relations and Resolving Attorney-Client Disputes
• Relations with Others, Including Partners and Non-Clients
• Insurance Considerations, including the Appropriate Coverage and the Importance of Proper and Timely Notice

Reasons to Watch or Listen

- Earn 4.0 Ethics credits
- Learn about standardization of engagement, non-engagement and disengagement letters
- Learn about malpractice insurance considerations and purchasing the appropriate coverage
- Learn about dangers in office sharing and implied partnerships
- Includes a segment on conflicts of interest

Agenda Topics

Competency in Area of Practice & Insurance Considerations

· Mandatory continuing legal education

· Referrals and associations with attorneys proficient in area of representation

· Dangers in office sharing and implied partnerships

· Graphs/Charts – problematic areas of practice

· Develop a docket control procedure for appointments and reminders

· File retention

· Purchasing the appropriate coverage

· The insurance application

· Claims made coverage

· Coverage for prior acts

· The importance of proper and timely notice

· Extended reporting periods/retirement

Recognizing and Handling Conflicts of Interest – Proper New Matter/Client Intake

· Maintenance of conflict procedures

· Lateral hires

· Identifying the client

· Conflicts between attorney and client

· Simultaneous representation of clients with adverse interests

· Transactions between lawyer and client

· Conflict between present and former client

· Representing business organizations

Effective Client Relations and Resolving Attorney-Client Disputes

· Choosing the client carefully

· Client’s expectations

· Informative and truthful communications

· Statement of Client’s Rights and Responsibilities

· Importance of the clear, unambiguous written letter of engagement

· Standardization of engagement, non-engagement & disengagement letters

· Informed consent

· Preserving the secrets and confidences of a client

· Limiting liability to a client

· How to avoid suits for fees – Fee Arbitration Rules

· Escrow requirements

· Importance of documenting a file

· Resolving attorney-client disputes – Mediation of Attorney-Client Disputes

· E-mail

· Proper withdrawal from employment

Relations with Others, Including Partners and Non-Clients

· Integrity in dealing with non-clients – Standards of Civility

· Intra-firm relationships

· Dealing with partners

· Supervisory responsibilities of law firms and attorneys

· Scope of supervisory responsibility of lawyers

· Ethical issues facing newly admitted attorneys