The Colorado Lawyer Self-Assessment Program: Promoting a Thriving Law Practice
July 2018
The Colorado Lawyer Self-Assessment Program: Promoting a Thriving Law Practice
Co-sponsored by the Office of Attorney Regulation Counsel
Program Highlights:
- Developing competent practices
- Communicating in an effective, timely and civil manner
- Ensuring confidentiality
- Avoiding conflicts of interest
- Maintaining appropriate file and records management systems
- Ensuring effective management of the legal entity and staff
- Charging appropriate fees and disbursements
- Having appropriate systems to safeguard client trust money and property
- Working to improve the administration of justice and access to legal services
- Creating a culture of wellness and inclusivity
Program Description:
The Proactive Management-Based Program (PMBP) is designed to help our Colorado lawyers better serve their clients and simplify their professional lives. Each component of the program identifies the common risks we face when practicing law and provides guidance on effective management systems to address those risks. PMBP protects the public and promotes the public interest through proactive programs that educate lawyers in their continuing professional development, improves client service, and reduces client complaints. Importantly, too, it is intended to help lawyers prevent practice problems before they lead to a client complaint or grievance.
Agenda
(Please note early start time)
8:00 a.m.
Registration and Continental Breakfast
8:45-9:00 a.m.
Opening Remarks Regarding PMBP from Colorado Supreme Court PMBP Subcommittee Chair
Presented by David Stark, Esq.
9:00-9:50 a.m.
Developing Competent Practices
Presented by David Wollins, Esq.
- Colo. RPC 1.1
- The Legal Knowledge and Education Needed to Handle a Matter
- Assessing Whether You Have Adequate Expertise, Training, and Legal Skills to Handle a Matter
- Resources Necessary for Competence: Time, Finances, Staffing, Infrastructure, and Willingness
9:50-10:15 a.m.
Communicating in an Effective, Timely, Civil Manner with Professionalism
Presented by Bill Ojile, Esq.
- Colo. RPC 1.4
- Client Communication Policies and Procedures
- The Importance of Regular Client Communication
- Expectations for Clients in Communications with Counsel
- Communications with Prospective Clients
- Obtaining Client Feedback
10:15-10:30 a.m.
Networking Break
10:30-11:00 a.m.
Avoiding Conflicts of Interest
Presented by Sara Van Deusen, Esq.
- Colo. RPC 1.7–1.10
- Creating a System to Identify Conflicts of Interest
- Consentable Conflicts and Obtaining Valid Consent
- Confidentiality Walls
- Ongoing Conflict Evaluation as a Case Progresses
11:00-11:40 a.m.
Having Appropriate Systems in Place to Safeguard Client Trust Money and Property
Presented by Margaret Funk, Esq.
- Colo. RPC 1.15A–E
- Purpose of a Trust Account and Who Needs a Trust Account
- Establishment of a Trust Account
- Who Is Responsible for Operating the Trust Account
- Deposits and Withdrawals – Process & Procedure
- Record Keeping
- Reconciliation
11:40-12:15 p.m.
Charging Appropriate Fees and Making Appropriate Disbursements
Presented by Cecil Morris, Esq.
- Colo. RPC 1.2 and 1.5, and Chapter 23.3, C.R.C.P.
- Memorializing the Scope of Representation
- Explaining Your Fees
- Flat Fee Agreements
- Contingent Fee Agreements
- Costs and Expenses
- Compensation of Outside Counsel, Other Lawyers and Staff
- Commencement of Work
- Arbitration, Withdrawals and Termination
12:15-1:15 p.m.
Lunch (On Your Own)
1:15-1:40 p.m.
Working to Improve the Administration of Justice and Access to Legal Services
Presented by Ryann Peyton, Esq.
- Colo. RPC 6.1
- Creating a Business Structure Conducive to Providing Services to a Broad Population
- Implementing Alternative Billing Arrangements
- Provision of Pro-Bono and Volunteer Services
- Bridging the Justice Gap and Effective Client Development
- Evaluating Success in Providing Access to Justice
1:40-2:00 p.m.
Inclusiveness in the Legal Profession: Making People Count
Presented by Karen Hester, J.D., LL.M.
- The Benefits of Diversity and Inclusivity in the Legal Workplace
- Defining Inclusivity and Implementing Inclusivity Measures
2:00-2:25 p.m.
Lawyer Well-Being and Self-Assessment
Presented by Sarah Myers, J.D., LMFT, LAC
- Neurobiology and Neuropsychology of Stress
- Responding to Stress in Positive Ways
- Wellness in One’s Personal and Professional Life
- Referrals and Resources for Mental Health Issues
2:25-3:00 p.m.
Ensuring Effective Management of the Legal Entity and Staff
Presented by E. James Wilder, Esq.
- Firm Structure
- Malpractice Insurance and Risk Management
- Procedures for Reporting Problems
- Staff Supervision, Hiring, and Termination
- Conducting Due Diligence Before Accepting New Matters
- Disengagement, Closing Files, and Returning Client Funds
- Succession Planning
3:00-3:15 p.m.
Networking Break
3:15-4:00 p.m.
Ensuring that Confidentiality Requirements Are Met and Maintaining Appropriate File and Record Management Systems
Presented by April McMurrey, Esq.
- Colo. RPC 1.6
- Confidentiality Policies for Employers
- Inadvertent Disclosure
- Confidentiality Policies for Outside Vendors/Experts
- Office Sharing
- Email and the Risk of Confidentiality Compromise
- Social Media and Confidentiality
- File Security, Including File Security in the Digital Age
- Network Security
- Cloud Services
- Disaster Preparedness & Recovery
4:00-4:30 p.m.
The PMBP Self-Assessments
Presented by Jonathan White, Esq.
- The Self-Assessment Process
- Technology Platform
- Confidentiality
- Reports
4:30-4:45 p.m.
Concluding Remarks from Attorney Regulation Counsel
Jessica Yates, Esq.
Location Information
CLECI Large Classroom
1900 Grant Street, Suite 300
Denver, CO 80203
Get directions
1900 Grant Street, Suite 300
Denver, CO 80203
Registration Fees
| Non Member | $399.00 |
| CBA Member | $369.00 |
| CBA Young Lawyers Division | $99.00 |
| New Lawyers in the First Five years of Practice | $59.00 |
| CLE BASIC | $50.00 |
| CLE ELITE Pass Holder | $0.00 |
| New Lawyer Edge Member | $0.00 |
- General Credits: 8.00
- Ethics Credits: 7.00
- EDI Credits:
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Sponsor Information
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