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Giving Business Advice Versus Legal Advice - The Pitfalls
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A lawyer's role and duty is to give advice - advice that might not be well received advice that when followed might not result in the best outcome advice that even when objectively correct ends up placing the lawyer in a defensive posture.
Retiring from Practice: Understanding Your Options
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An attorney like anyone else looks toward retirement with mixed emotions. Retirement means bidding farewell to angry client phone calls and late night brief writing but it also means stepping away from your life's work.
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.
For Your Eyes Only: Securing Lawyer-Client Communications
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While acceptable response times were once measured in days modern communication channels have clients counting the hours or even minutes since they sent their email or text. File sharing also has accelerated with clients able to review revise and approve documents instantly.
7 Steps to Return to Work Success
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Business owners can take several steps to increase return-to-work success even before a work-related injury occurs. Download to learn more about developing a comprehensive return-to-work process.
The Driver: Tips for Wintertime Driving
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Driving in winter presents a variety of weather-related hazards. Preparing ahead of time and being alert are critical to safety amid weather changes, poor visibility, and wet or slippery road conditions.
Family Law - Professional Liability Fact Sheet
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As an area of practice family law includes all litigation and legal services related to antenuptial and domestic relationships separation and divorce alimony and child support child custody surrogacy and adoption.
Informed Consent and Refusal: A Guide to the Fundamentals
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Informed consent (IC) is a two-way educational and communication process intended to prevent patients from being treated without their permission and understanding.
Allied Healthcare Facilities Successes
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We offer more than just a policy – we deliver distinctive insurance solutions and promise a superior customer experience.
Minimizing the Impact of COVID-19: A Menu of Ideas for Lawyers
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Few attorneys were prepared to adapt to a pandemic. In today's environment lawyers have been required to chart a changing course in order to provide competent legal services to their clients. This information is intended to identify some potential effects of the pandemic on the legal profession.
Healthcare Claims Capabilities
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CNA's Healthcare Claims professionals use experience from the medical and legal professions to provide superior technical expertise and outstanding customer service.
As part of our mission to educate our insureds and the healthcare industry at large, we are pleased to present our fourth physical therapy closed claim report.
Smartphones and Social Media: Tips on Preventing Staff Misuse
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This edition of Alertbulletin® examines three major types of liability - privacy breaches, unauthorized social media posting and data spoliation claims - that may arise from unapproved technology use in the residential care setting.
This edition of AlertBulletin offers practical suggestions intended to help organizations maximize the productivity of temporary exmployees, while minimizing associated professional liability exposures.
Multinational Claims Capabilities
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CNA’s team of multinational Claims professionals ensures that you and your business receive a seamless claim-handling experience.
Serious Adverse Events: Creating a Sound Crisis Response Plan
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This edition of AlertBulletin(r) focuses on the essential elements of serious adverse event crisis management.
AlertBulletin: Medical Chaperones: Drafting Effective Policies
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This AlertBulletin offers strategies to help draft effective policies and procedures for medical chaperones.
PrepWise is a suite of impactful tools and actionable risk management resources with customized service tailored to our policyholders' unique exposures and opportunities.
Billing Blues: Best Business Practices for Fee Collection
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As attorneys we routinely litigate arbitrate and negotiate on behalf of our clients. With regularity we analyze synthesize and scrutinize certain facts precedent and regulations. Managing accounts receivable however seems to befuddle the best of us.
Epack 3 - Fiduciary Liability
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CNA’s Epack 3 (EP3) Fiduciary Liability insurance is designed to address exposures arising from the administration and management of employee benefit and retirement plans.
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.
Diagnostic Error: Common Causes, Effective Countermeasures
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To help facilities and providers prevent incidents related to diagnostic inaccuracies and minimize consequent liability, this issue of inBrief examines common sources of error and presents strategies designed to enhance diagnostic accuracy.
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).
This edition of Carefully Speaking® outlines strategies leaders can use to assess their organization's memory care strengths, limits and liability exposures.
Carefully Speaking®: Memory Care: Creating Safer Settings for the Cognitively Impaired
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This edition of Carefully Speaking® outlines strategies leaders can use to assess their organization's memory care strengths, limits and liability exposures.
Almost one million powered industrial trucks are operated in America by an estimated 1.5 million operators. Download this guide to learn about new operator training requirement regulations for powered industrial trucks.
Rule 8.3 - Reporting Other Lawyers
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ABA Model Rule 8.3 requires every lawyer to report certain professional misconduct by other lawyers to the appropriate disciplinary authority. So when do you report another lawyer's ethical misconduct and how do you do it?
Lawyers' Duties Regarding Legal Files After a Client's Death
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Courts uniformly have held that the attorney-client privilege survives the death of a client. Complex issues arise regarding the lawyer's duties to her former client when the personal representative seeks files that are unrelated to the administration of the estate.
MA Appeals Court Clarifies How Irrevocable Trusts
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In Practice with CNA discusses the potential challenges Wills Trusts and Estates practitioners face when a client representation involves the existence of an irrevocable trust which may influence eligibility for Medicaid.
Powered Industrial Trucks Operator Training Requirements
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Almost one million powered industrial trucks are operated in America by an estimated 1.5 million operators. Download this guide to learn about new operator training requirement regulations for powered industrial trucks.
In this Professional Counsel®, CNA has developed this guide to assist attorneys in creating documents that will enable them to better manage their interactions with potential and actual clients.
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.
Aerial Lift/Articulating Boom Lift Operator Evaluation Form
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Use this checklist during the hands-on performance portion of your training program to evaluate the operator proficiency. This form can be used periodically to re-evaluate and ensure forklifts are being operated properly.
Portable Ladder Safety - Spanish
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Download this guide to learn the basic safety rules of using Portable Ladders.
Working in Confined Space - Spanish
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A workplace with a confined space that combines an oxygen-deficient flammable or toxic atmosphere can complicate work efforts as well as rescue operations if an emergency would occur. Download to learn more about best practices when working in a confined space.
Hot Work - Spanish
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This version of the guide is in Spanish. The purpose of a hot work program is to ensure appropriate safeguards are in place to prevent a fire from non-routine work involving open flames, sparks or heat.
Home Care Documentation: A Checklist of Essentials
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This edition of Home Care Briefing offers a self-assessment checklist intended to assist home health providers improve their documentation practices and avoid common lapses and omissions.
Best Practice Tips for Remote Appearances
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As we approach a second year of remote law practice this is a good time to pause and reflect on what works and what doesn't work. While we are becoming comfortable in this new normal the circumstances have raised a number of practical and ethical concerns for attorneys.
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.
Carefully Speaking®: New Models of Care: A Look at Five Aging Services Trends and Challenges
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This edition of Carefully Speaking ®focuses on five trends - from artificial intelligence (AI) to higher resident acuity levels, to shifting care and reimbursement models - that are shaping the aging services industry of the future.
Stopping the Line: Training Staff to Speak Up for Safety
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This edition of inBrief® featured a readiness checklist designed to aid ambulatory care organizations in implementing a Speak Up/Stop the Line program or enhancing an existing one.
How You Can Stay Ethical and Help Clients Communicate Effectively on Social Media During Disputes
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This edition of In Practice...with CNA addresses social media communications and the difficulties that come with social media practices during disputes.
Advance Conflict Waivers: Use Them or Lose Them?
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"In Practice... With CNA" explains that when relying on an advance waiver, practitioners should be cognizant of the speficity of such waivers, and would be prudent to re-evaluate their scope as conflict arises.
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.
Cybersecurity: Protect Patients by Preventing Data Breaches
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This inBrief explains how every healthcare facility must be vigilant in guarding against data breaches and system infiltrations, which can endanger both patient confidentiality and safety.
Alert: New Scam Targeting Lawyers Wiring Funds
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Lawyers should beware of a sophisticated new hacking scam the FBI refers to as Business E-mail Compromise. Lawyers in multiple states have recently reported being victimized by this scam.
Multi-generational Communication
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This edition of AlertBulletin® examines the issue of age-related diversity in a healthcare context. It offers three basic strategies designed to keep a multi-generational workforce informed connected and engaged.
Client Selection: Comprehensive Screening and Assessment
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This edition of Home Care Briefing examines the elements of a prospective client screening and assessment procedure and offers a number of suggestions to help strengthen documentation in these areas.
Potential Liability Issues Arising Under the AIA
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The America Invents Act (AIA) alters numerous laws affecting IP protection for a broad range of applicants and affects almost the entire range of prosecution activities. The AIA was intended to modernize the patent system and promote innovation job creation and economic growth.
Fire Safety Strategies to Protect Clients and Reduce Exposure
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This issue of Home Care Briefing focuses on the types of fires that pose the greatest danger to seniors and offers practical protective measures for clients and family members.