PMBP* – What It Is and Why You Should Care
July 2017
PMBP* – What It Is and Why You Should Care
*Proactive Management-Based Program: Self-Regulation and the Modern Law Practice
Co-sponsored by the Office of Attorney Regulation Counsel
Topics to Be Discussed:
- 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:
8:00 a.m.
Registration and Continental Breakfast
8:45 – 9:15 a.m.
The Preamble and the Colorado Proactive Management-Based Program —Presented by James Coyle, Esq.
9:15-9:45 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
9:45-10:15 a.m.
Communicating in an Effective, Timely, Civil Manner with Professionalism—Presented by Bill Ojile, Esq.
- Colo. RPC 1.4
- Client Communication Policies
- 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
11:00-11:30 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
11:30-12:00 p.m.
Charging Appropriate Fees and Making Appropriate Disbursements—Presented by Steve Jacobson, 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
12:00 – 1:00 p.m.
Lunch (On Your Own)
1:00-1:25 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
1:25-1:50 p.m.
Wellness and Inclusivity—Presented by Karen Hester, J.D., LL.M, and Barbara Ezyk, Esq.
- The Benefits of Diversity and Inclusivity in the Legal Workplace
- Defining Inclusivity and Implementing Inclusivity Measures
- Wellness in One’s Personal and Professional Life
- Quality of Life Programming
- Referrals and Resources for Mental Health Issues
1:50-2:30 p.m.
Ensuring Effective Management of the Legal Entity and Staff—Presented by Michael Mihm, 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
2:30-3:00 p.m.
Ensuring that Confidentiality Requirements Are Met—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
3:00- 3:30 p.m.
Maintaining Appropriate Files and Records Management Systems—Presented by Jay Fernandez, Esq., and April McMurrey, Esq.
- Colo. RPC 1.6, 1.15A & D, 1.16A
- Procedures to Consider for Proper Client File Management
- File Security, Including File Security in the Digital Age
- Network Security
- Cloud Services
- Disaster Preparedness & Recovery
3:30 – 3:45 p.m.
Networking Break
3:45-4:30 p.m.
The PMBP Self-Assessments—Presented by Jonathan White, Esq. and Dawn McKnight, Esq.
- The Self-Assessment Process
- Technology Platform
- Confidentiality
- Reports
4:30-5:00 p.m.
Concluding Remarks Regarding PMBP from Colorado Supreme Court PMBP Subcommittee Chair—Presented by David Stark, Esq.
Location Information
CLECI Large Classroom
1900 Grant Street, Suite 300
Denver, CO 80203
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1900 Grant Street, Suite 300
Denver, CO 80203
Registration Fees
| Non Member | $369.00 |
| CBA Member | $339.00 |
| New Lawyer Edge Partner | $169.50 |
| CLE Basic Pass Holder | $50.00 |
| CLEACCESSPASS---ELITE Pass Holder | $0.00 |
- General Credits: 8.00
- Ethics Credits: 7.00
- EDI Credits:
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