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Estate Planning Legal Topics

Preparing a Revocable Trust? Prepare for a Malpractice Claim, Too

Documents about Legal Malpractice in a court.Even highly competent attorneys who conscientiously meet their responsibilities may face the threat of malpractice. And this threat is very real for attorneys who prepare revocable trusts.   

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Practice of Law

What to Tell the Client When You’re Withdrawing as Counsel

There are many grounds for both mandatory and permissive withdrawal under the California Rules of Professional Conduct. When it’s time to withdraw from representation in a civil case, the attorney should send the client a letter like one of these.

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Civil Litigation Discovery Legal Topics

How to Get Clients Involved in Discovery

lawyer making hand gesture inviting client's participation in discovery decisionsBefore you start discovery, you need to have a plan. Your client should be an integral part of that plan. Here are four ways to get your client involved in discovery decisions.

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New Lawyers Practice of Law Starting a Law Practice

5 Things to Include in Your Email Policy

sending protected email between attorney and clientOne of the first communications you should send to a new client is your email policy.  Explain the dangers involved in emailing privileged information and tell them what precautions to take.

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Practice of Law Starting a Law Practice

Clients Get No Guaranties

It’s natural that clients want their attorneys to give them at least some idea of the likely outcome of their cases. Certainly it’s part of the attorney’s job to give the client a sense of whether the matter is likely to be resolved successfully or it lacks merit. But attorneys should never give a guaranty.

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New Lawyers Practice of Law Starting a Law Practice

You Should Have a Client File Retention Policy: Here’s a Sample

Attorneys maintain files on their clients’ cases with documents (and sometimes other property) that clients have provided in connection with those cases. These files have to be returned to the client, at a client’s request, when the attorney’s “employment has terminated,” subject to “any protective order or nondisclosure agreement.” Cal Rules of Prof Cond 3–700(D)(1). Given this rule, it’s imperative that attorneys establish an office policy on the retention and disposition (including destruction) of client files, and notify clients of this policy.

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New Lawyers Practice of Law Starting a Law Practice

Have You Looked at Your Email Disclaimer Lately?

It has become routine for attorneys to include a disclaimer in their emails. But like anything else that becomes routine, some attorneys have lost track of the purpose of the disclaimer and could benefit from a little thought on improving its language and placement. If that’s you, take a look at your disclaimer and compare it to our sample.

Attorneys use email disclaimers for two main reasons:

  • To reinforce the confidential nature of an attorney-client communication when sending an email to a client; and
  • To guard against the creation of an attorney-client relationship with a potential client or other individual based on the information communicated in the email.
Categories
Civil Litigation Legal Topics New Lawyers Practice of Law Social Media

Protect Clients from Themselves

social_138282233A legal matter may be the most important thing happening in your client’s life, but you have to warn your client to avoid conversations about it on social media. Whatever they say online—no matter how innocently intended—can be found and used to undermine their position. Here are three things to tell clients about online communications.

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New Lawyers Practice of Law

Litigators: Send These 5 Letters to Your Clients

92419672It’s crucial that attorneys maintain regular and open communication with their clients.  When it comes to litigation, communications often come in the form of status report letters. Here are 5 letters that litigators send to their clients and what to include in them.

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Civil Litigation Legal Topics Practice of Law Starting a Law Practice

What to Tell Your Client When Litigation Is Over

ThinkstockPhotos-474217181When litigation is over and you’ve completed the representation, here’s what you need to tell your client.