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Law Firms and Outsourcing: Trust but Verify
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More law firms of all types and sizes use outsourcing as a means to help them practice law and to manage their law practices. Efficiencies gained through outsourcing can lead to lower costs for clients and increased profit margins for law firms but the risks must also be contemplated.
Law Firm Data Breaches: A Legal Snapshot
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This edition of Professional Counsel® discusses the aftermath of a data breach in law firms and how actions must be taken to protect themselves and their clients from this exposure.
Best Practices for Law Firms During a Pandemic
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Law firms can limit their exposure to professional liability and other claims by identifying and responding to key issues that may arise during the COVID-19 crisis.
SPAC Clients Pose Unique Risks for Law Firms
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In this edition of Vantage Point : In this article we explain what SPACs are and why representing their sponsors may pose risks for law firms and lawyers.
Law Firm Data Breaches: A Legal Snapshot
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Countless firms have suffered data breaches; beyond initial headlines early settlements and sealed records have left a paucity of case law governing post-breach liability. Many attorneys are left to wonder about the aftermath of data breach and potential exposure in an area evolving and unsettled.
Reminders & Resources for Law Firms During the COVID-19 Pandemic
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This article addresses issues that law firms should consider in order to limit their exposure to professional liability and other claims.
The Threat From Within: Theft and Fraud Inside Law Firms
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Law firms should take a proactive approach to protect themselves from the risk of theft and fraud by their own attorneys managers or support staff members. Download to learn more about how to prevent the threat of theft and fraud from within.
Law Firm Support Staff
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They hold various titles for their daily roles: paralegal legal secretary paraprofessional law clerk project assistant docketing clerk research assistant and the list is ever expanding.
How Allied Vendors Help Streamline Firm Operations
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This edition of Professional Counsel addresses CNA's Lawyers Allied Vendor Program which offers solutions to help law firms navigate some of the challenges of managing a law firm as both a client service and a business.
Overlooked Asset In Law Practice Risk Management: Legal Counsel
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An often overlooked asset in law practice risk management is the use of legal counsel by a law firm.
Law Firm Website Woes
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Few if any readers would contemplate the creation of an attorney-client relationship by reading a publication in print via email or on a website. When should attorneys take the proactive step of disclaiming the formation of an attorney-client relationship?
The Remote-Ready Law Firm: Managing Long Distance Relationships
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The benefits of creating a remote-capable business are well worth the investment enabling a firm to maximize productivity when traveling attract top-level talent and maintain functionality during a crisis.
Find the Way Forward with a Missing Client
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Clients expect their attorneys to be available. A law firm that ignores client emails or phone calls will not be a law firm for long.
Fighting the Trojan Horse
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If there is one thing keeping law firm general counsel awake at night it is the myriad of outside counsel guidelines (OCGs) that may be floating around the firm.
Wire Transfer Fraud: A Growing Threat to Law Firms
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Lawyers in any area of practice may fall victim to wire transfer fraud and must often serve as their own risk managers in managing their professional practices.
Pro Bono Representation Problem Prevention
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While pro bono work can be a positive experience for lawyers and law firms it remains the practice of law and as a result inherent risk. Download for examples of cases that illustrate potential hazards and how to carefully protect from legal malpractice
Litigation Landscape in the English Courts
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While the statement that the world is getting smaller is something of a well used cliché it is true to sat that most large law firms now operate across many diverse borders and either have offices in or deal with local firms across a number of jurisdictions.
Top 10 Risk Control Tips to Avoid Wire Fraud Scams
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This edition of Professional Counsel® discusses the ten measures law firms can implement to protect themselves, their clients, and third parties from wire transfer fraud.
This edition of In Practice...with CNA® discusses why law firms need to be aware of the types of conflicts that most often lead to disqualification and the types of attorneys who may be affected.
You Missed a Deadline??? How to Avoid That Nightmare
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This edition of In Practice...with CNA, discusses the substantial risks that exist for law firms that fail to diligently monitor case dockets, read court orders and adhere to filing deadlines.
Using Your LPL Policy as a Risk Control Tool
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This edition of Professional Counsel® discusses CNA Risk Control offerings that may minimize claims exposure and aid law firms in establishing better risk control protocols.
Conflicts of Interest
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Conflicts of interest have constituted a leading cause of legal malpractice claims for years. Despite repeated warnings to lawyers and law firms about this risk they continue to engage in conflicts of interest.
A Bad Economy Increases Risks for Lawyers
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Professional Counsel addresses that law firms must remember the fiduciary duties owed to clients, the ethical duties imposed upon them by the Rules of Professional Conduct, and best practices for avoiding claims.
Key Considerations in Engagement Letters Usage
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As a leader in the lawyers' professional liability insurance marketplace we stress the importance of engagement letters in our articles guides and risk control courses. The benefits of engagement letter usage flow to both the law firm and client.
Creating a File Retention and Destruction Policy
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Lawyers and law firms must manage an increasing amount of data both physical and digital over a vast array of evolving devices and media. Download CNA's PROfessional Counsel guide to learn more about how to implement a Records Management Plan (RMP).
Resolving Disputes Regarding the Client File
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Implementing and enforcing a file retention and destruction policy helps law firms safeguard client confidences and organize information to permit effective representation. Learn more about how to properly maintain client files to avoid disputes.
The Importance of Incident Response Planning: A Cyber Risk Control Perspective for Law Firms
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Having a well-documented Incident Response Plan can greatly mitigate exposure in the event of a cyberattack.
Practicing Law Without A Law Degree Is Now Permissible In WA
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Non-lawyers are now permitted to practice family law in Washington State as a result of a rule change approved by the Washington Supreme Court in 2012.
Law Practice, Podcasts and the Court of Public Opinion
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This edition of Professional Counsel® discusses how it is best to for attorneys to concentrate on the fundamentals of the attorney-client relationship and acting as the advocate under the parameters of a license to practice law.
Our Lawyers Allied Vendor Program is designed to help strengthen law firm risk control programs through trusted outside services – many at a preferred rate.
This edition of In Practice... with CNA® discusses how dabbling in new areas of law can help expand your practice, but also increase risk for disciplinary and legal malpractice complaints if not prepared.
Practicing Law in the Age of Social Media
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The influence of social media on legal practice client relationships and the boundaries between professional and personal activities must be scrupulously navigated.
Legal Malpractice Defendants Gain New Defense
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For litigation attorneys settling with less than all parties is a tactical decision that they often have to make with their clients. In making this decision lawyers are wise to be competent in the relevant laws and applicable judicial opinions. At common law settling with one co-defendant...
Of Counsel: More Than Just A Casual Designation
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While the designation of counsel has been used by firms for many years the concept can still be a bit of a paradox if not often completely misunderstood.
Elements of an Effective Screen When Onboarding
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How can your firm implement an effective conflicts of interest screen and have some comfort in its effectiveness if and when the time comes to defend against disqualification motion.
This Professional Counsel® shows that by embracing succession planning as a strategic imperative, firms can position themselves for growth, resilience, preparedness for unforeseen events, and continued excellence in serving their clients.
To Err Is Human: A Guide for Attorneys on How to Manage Errors
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This guide will address the relevant rules laws and practice management steps that an attorney.
The Risks of Lawyers Serving as Directors of Corporate Clients
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The role of lawyers serving as directors of corporate clients involves a variety of risk exposures for the lawyer-director the lawyer's firm as well as the corporate client. Download to learn more about due diligence needed to identify potential risks.
This edition of In Practice with CNA...® emphasizes the importance of evaluating one's options and purchasing appropriate tail coverage before, and not after an attorney retires, changes firms and/or switches insurance carriers.
If lawyers seek to continue to practice law they must devote time and resources to instituting sound banking and trust accounting procedures and supervising the parties entrusted with the authority to handle client funds.
Stemming the Tide of Incivility in the Practice of Law
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This edition of Professional Counsel(r) addresses incivility and what lawyers can do to minimize the uncivil behavior that has become all too pervasive.
Declining Representation with Prospective Clients
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What can a lawyer do to politely yet firmly place the potential client on notice that no attorney-client relationship has been established yet at the same time not discourage future opportunities for representation?
Making Time to Retire: Best Practices for Succession Planning and A Smooth Transition
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This edition of In Practice...with CNA addresses key points to keep in mind when planning for your retirement from the field of law.
Risk Control Recap - Top 5 Resources
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In this edition of Professional Counsel : The first step in mitigating the potential for legal malpractice claims is to understand the risk exposures encountered in the daily practice of law. The top five risk control resources for CNA-insured attorneys are provided here for your convenience.
Expecting the Unexpected: Succession Planning for Lawyers
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How would your law practice fare if you disappeared tomorrow? Is there a plan in place that would permit an associate or colleague to address client and office needs or would they be left hopelessly digging through unmarked stacks of paper and scribbled notes?
Risks of Business Transactions: A Claim Study for Lawyers
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Business transactions are a staple of practice for many lawyers especially in small to midsize firms. Download this study to help recognize the most common risk that practitioners encounter.
Risk Transfer Mechanisms for Contractors
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Risk Control Bulletin : Many firms frequently contract with other firms to provide services or perform some type of construction work. In the event of an accident risk transfer mechanisms can prove invaluable. Download to learn more.
We Cannot Avoid AI: Practical Advice to Use AI and GAI Ethically
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Artificial Intelligence (AI) and Generative AI are largely now unavoidable in the practice of law. This article provides guidance and observations that may assist attorneys in complying with ethical and professional obligations.
New York City Sidewalk Law
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If you own or lease space within a property in New York City, it is vital to understand where your responsibilities lie when it comes to sidewalk maintenance.
Making Lawyer Well-Being a Priority in the Daily Practice of Law
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How are you doing? That is a simple question that people ask of one another each and every day. The American Bar Association (ABA) recommends that lawyers contemplate this question as it relates to both their professional and personal activities.