Ethics and Managing Business Risk in the Law Firm CLE

Ethics and Managing Business Risk in the Law Firm

August 2012

Ethics and Managing Business Risk in the Law Firm

Program Description:

Technology…The Economy…Competition…Cloud Services…

The ethical and successful practice of law faces more challenges than ever before. This half-day program presents, in straightforward, digestible style, not just the risks and problems, but straightforward, down-to-earth solutions to a host of common and uncommon risks, with a strong focus on risk management as a primary tool for maintaining the highest ethical standards.

A comprehensive overview of firm operations includes:

- Structure and Governance

- Intake Process

- Avoiding bad clients

- Fee agreements and scope of work

- Conflict checking

- Client management process

- Technology, security and confidentiality

- Human Resources (people) management

- Financial management

- Insurance portfolio

- Natural disaster preparedness and business resumption

- Succession and leadership planning

- Health & work/life balance

- Marketing efforts

Topics:

The Ethical Issues Requiring Diligent Risk Management (ABA Model Rules)

- Rule 1.1 Competence

- Rule 1.2 Scope of Representation & Allocation of Authority Between Client and Lawyer

- Rule 1.3 Diligence

- Rule 1.4 Communications

- Rule 1.5 Fees

- Rule 1.6 Confidentiality of Information

- Rule 1.7, 1.8 Conflict of Interest

- Rule 1.16 Declining or Terminating Representation

- Rule 1.17 Sale of Law Practice

- Rule 5.1 Responsibilities of a Partner or Supervisory Lawyer

- Rule 5.2 Responsibilities of a Subordinate Lawyer

- Rule 5.3 Responsibilities Regarding Non-lawyer Assistant

- Rule 8.3 Reporting Professional Misconduct

The Top Ten Malpractice & Ethical Problems and How They Occur

Practice Management Key Business Processes

Key Elements of a Risk Management Effort

What to Audit

Structure and Governance Problems and Solutions

Client Intake Process

- Avoiding Bad Clients

- Avoiding Work Outside Your Expertise

- The Essential Intake Form- Rosetta Stone® of Representation

- Fee Agreements and Scope of Work

- Conflict Avoidance Systems

Client Communications Process - Essential Components

Managing Technology to Maintain Ethical Requirements

- Records Management

- Security Issues

- Risks of New Technology

- Smart Phones - WiFi-Cloud Storage - SAS - Copiers

Human Resources Management - The Risks

Financial Management Controls

- Protecting the Law Firm and Managing the Flow of Money

- Trust Accounting

The Firm's Insurance Portfolio

Natural Disaster Preparedness & Business Resumption Planning

- Business Continuity Plans

- Rebuilding Your Practice After a Disaster

Leadership and Succession/Practice Transition Planning

Marketing: the Good, Bad and the Ugly

Stress Management

- Intrinsic Stressors in the Legal Profession

- Poor Management Skills Create Law Office Stressors

- Stress is Addictive - Hormonal: Adrenaline - Endorphins

- Stress in Personal Life - the Top 20

Meet Your Presenter:

Dustin A. Cole

President and Master

Practice Advisor

Since 1985, Dustin Cole has worked with hundreds of firms to help them increase revenues, and has trained over twenty thousand attorneys across the United States in how to build more successful and satisfying practices. He brings more than 35 years of experience in every phase of business management, business development and team development to his work with the legal profession.

Dustin began his work with the legal profession with the founding in 1985 of Public Strategies Florida, a public relations and marketing firm specializing in attorneys and other professionals. From 1985 to 1993, Dustin's company served law firms across Florida, receiving numerous awards for marketing and public interest programs. Concurrently, from 1990 to 1993, Dustin also helped launch RUMGER Insurance Company, a Florida lawyer's professional liability insurance provider, and served as its Vice President of Marketing, gaining the startup company a 20% market penetration in four years.

Dustin transitioned into law firm coaching and training in 1993 as a partner in a fledgling attorney training and development organization, leading it to national prominence. As the company's primary trainer and workshop leader, he conducted more than 200 workshops and firm retreats in 18 states. As senior practice adviser he worked personally with scores of firms and attorneys to help them expand their practices or deal with specific developmental issues.

In 2002 Dustin founded Attorneys Master Class to provide structured, long-term support to help firms cope with market change, operational and staffing issues, partner disputes, mergers and breakups. He has guided practice groups through successful marketing planning and execution, and has advised attorneys in planning successful retirements and firm successions. Through Attorneys Master Class, Dustin has supported firms ranging in size from sole practitioner to over 2000 attorneys. Dustin has keynoted a score of State Bar Annual Meetings and nearly every state Solo & Small Firm Conference, and has presented programs and workshops for legal organizations nationwide, from ABA Sections to State Bars in more than 25 states. He is currently working with clients in all four corners of the United States, from Massachusetts to California, Alaska to the Virgin Islands.

Dustin resides in suburban Orlando, Florida. He is a native of Phoenix, Arizona, and holds a degree in Radio-Television from Arizona State University.