You have done your conflict check and are now ready to undertake the representation of a client. For ethical and practical reasons, that representation should be embodied in a written agreement that identifies the undertaking, the terms of the relationship, and all the other facets involved in representing your client.
By Mike Finstad
In 2014, the American Bar Association (ABA) formed a Commission to study the future of legal services in the United States, and a report released in 2016 (the “2016 Report”) cited the legal profession’s resistance to change as an impediment to providing greater access to basic civil legal services for millions of low- and middle-income Americans.1 These individuals and families are increasingly finding themselves priced out of the market for legal services, unable to afford the hourly rates charged by private law firms and attorneys. Even those who can afford a lawyer choose not to, either because they do not recognize their need for legal expertise or because they opt for less expensive alternatives.2 This has led to a growing number of cases where one or both parties go unrepresented in matters that involve eviction, foreclosure, restraining orders, marital dissolution, child custody disputes, child support, debt collection and bankruptcy.
By Linda Barkacs and Craig Barkacs
Most people succeed or fail in a negotiation based on how well-prepared they are (or are not!). We adhere to the 80/20 rule – 80% of negotiation is preparation and 20% is the actual negotiation with the other party. The reality is that most people are woefully unprepared when they enter a negotiation. Many business executives describe their negotiations as win-win, only to discover they have left thousands of dollars on the table. Research indicates that fewer than 4% of managers reach win-win outcomes and the incidence of outright lose-lose outcomes is 20%. Even when negotiators are in perfect agreement, they fail to realize it half the time.1
If you have a work-related injury or illness, your employer is required by law to pay for workers’ compensation benefits. Common workplace injuries include:
By Decker Cady
One social media post can spread world-wide in seconds. In that same amount of time, a professional athlete or sports personality can lose thousands, and even millions, with a single post. Social media is a double-edged sword, and it applies to all areas of representation.
Building and maintaining a law practice can be stressful, especially for lawyers who are just starting out. At an SDCBA wellness workshop for lawyers, attorneys-turned psychologists Dr. Dennis Saccuzzo and Dr. Nancy Johnson shared their favorite practical techniques for reducing stress levels instantly and increasing resiliency against stress over time. Here are a few takeaways, in case you missed it:
You work for a boutique firm that handles transactional legal needs. One of the firm’s clients has grown from a successful regional business into a nationwide powerhouse. It has become so successful, in fact, that it recently became the target of a widely reported cyberattack. You spoke with the client contact when that happened, and she confided in you that the company is aware of dozens of attempts to breach its security measures just within the past year.
Can a lawyer effectively represent a client with lower-valued claims? The client is nice, cooperative in fact; the facts, straightforward. But the insurance company’s offer barely equals damages — sometimes far less. How a lawyer proceeds can be difficult.
Effective April 1, new rules will change the claims procedures for disability benefit plans. If you are denied a claim, these amended rules could affect you. Attorney Corey Schechter of Butterfield Schechter LLP recently outlined what the new rules mean and how they can affect U.S. citizens, plan fiduciaries and insurance providers who deny claims:
By David Cameron Carr
Graduation from law school and admission to the bar is a happy event for the new lawyer. It is also a happy event for the new lawyer’s family and friends, many of whom have supported the new lawyer through the long and strenuous journey to that special status, usually emotionally, often financially.
