Identify and minimize the ethical risk while representing clients.
Lawyers and legal staff have important ethical duties and responsibilities when representing clients and working on client files, including competence, communication, client intake, identifying conflicts of interest, managing client files, and closing the client file. This topic will assist lawyers and legal staff in identifying and avoiding, or minimizing, the ethical risks while properly representing clients and it will also provide guidance and best practices.
Agenda
How to Properly Communicate With Clients
- Keep the Client Properly Informed and Advised During the Representation
- Document the File, Copy the Client With All Relevant Documents Related to Representation, and Provide Periodic Updates
- Timely Response to Client Communications
- Be Careful What You Say in Emails and Other Communications - Do Not Assume That It Will Remain Confidential
- Do Not Include Confidential Information in Response to Online Reviews/Complaints
How to Act Competently
How to Handle Client Intake
- Use a Client Intake Form
- Conducting Initial Client Interview
- Screen Potential Clients for Potential Conflict of Interest at the Beginning of the Representation
How to Avoid Conflicts of Interest
How to Preserve Client Confidentiality
How to Manage Client Matters and Files
- Create a File Organization System
- Maintain Your Calendar
- Communicate With Client
- Be Careful What You Say in Emails
- Copy Client With All Relevant Documents
- Conduct Periodic File Reviews to Maintain Progression of the Files
How to Handle File Closing and Records Management/Retention
- Create a Procedure for File Retention
- Withdrawal and Non-Engagement/Disengagement Letters
- Withdrawal/Termination of Representation
Non-Lawyers and Ethics Rules
Ethical Fees and Fee Agreements
- Have Written Fee Agreement or Engagement Letter
- Identify the Client(S)
- Provide Clients With a Bill With Detailed Time Entries on Monthly Basis