LegalMatch Marketing for Attorneys

Lawyer Burnout

Anyone that was able to become licensed by a state bar is a highly motivated, intelligent and competent individual. However, despite this fact lawyers are people with personal lives that can impact their judgement and lead to poor performances on behalf of their clients. One of the most common factors that impact an attorney’s performance is burnout. The practice of law is one of the few professions that encourages conflict between its members. Brain surgeons, for example, are not attempting to craft ways to make brain surgery more difficult for brain surgeons.  

The law, however, is different. A District Attorney wants to put criminals in jails, but a criminal defense attorney wants to prove the person the D.A. is trying to put in a jail is not a criminal. Therefore, both sides will come up with ways to make the other side’s job more difficult by crafting arguments that the other side is wrong.

This inherent conflict leads to burnout, because lawyers for the most part are perfectionists that want to win, but very few, if any, lawyers win all the time. Furthermore, in substantive litigation a lawyer will lose at least one motion, which will create uncertainty as to whether or not they will win their argument. The uncertainty of losing a case, motion, etc., looms over any attorney’s heads until the litigation is complete. Therefore, the adversarial and uncertain nature legal practice creates a perfect recipe for lawyer burnout.

If you become burned out, then you may be unable to adequately represent your client and could make poor decisions related to your case. One of the ways to detect burnout in an attorney is by ask how many cases you are handling and how many people work in your office. If a solo lawyer is handling 100 cases with nobody else in their office, odds are this attorney already is or will soon be burned out. Another way to detect burnout is to determine if you have some hobby, interest, or passion other than the law. If a lawyer is continuously engaged in the adversarial and uncertain nature of legal practice with no outlet, you will burn out.

It is well known that burnout exists in the legal profession and numerous programs exist to prevent it, but it remains a common occurrence. The legal culture tells attorneys to push the issue aside and not complain. Therefore, many lawyers believe slowing down or seeking help is a sign of weakness, but in reality, it is a sign of strength. A burned out lawyer is not helping anybody and pushing through problems to do poor work is harmful to both counsel and client.

Therefore, lawyers should take a personal inventory of their cases and not take on more than they can handle. Additionally, lawyers should find something outside of their work to occupy their time and be sure to not let work take over their life. Although all attorneys will have 14-16 hour workdays, doing this on a continuous basis is unsustainable and will hurt both you and your client. For these reasons, it is important to consider whether you have the capacity to handle a new case.

Authored by Ryan Griffith, LegalMatch Legal Writer and Attorney at Law

Unbundling Your Legal Services: The New Way to Provide Legal Representation

Unbundling services, also known as providing limited scope representation, is a new trend in the legal field, spurred on by the willingness of the general population to still pay for certain services while also unable to afford a “soup-to-nuts” plan. While some lawyers have been jumping at providing unbundled services like airlines searching for new extra “perks” to charge for, many lawyers seem to find the idea of offering limited scope representation repugnant. Even if you fall into the latter group, you should at least give it some serious thought before completely turning your nose up at the idea.

What Does It Mean To Unbundle Services?

In the broadest sense, to unbundle your services means to simply offer specific services separately. This is in sharp contrast to what is still considered to be the traditional offering of legal services, which is full scope representation. Traditionally, a lawyer would assist a client from an initial consultation all the way through the legal matter being finally resolved at trial or a settlement conference. With unbundled services, a lawyer only performs specific tasks during specific steps of a legal process, such as only writing a demand letter or simply providing representation during a settlement negotiation.

Why Should I Unbundle My Services?

It may be scary to think about unbundling your services. After all, it is a completely new way of doing things and may involve a new way of billing your clients. However, there are very good reasons why you should consider unbundling the legal services that you offer.

1. Attract more clients. In light of the economic downturn and the increase of legal self-help websites such as Legalzoom, most people are choosing to save money by engaging in “do it yourself” legal work. This is primarily because they feel that they cannot afford full representation, and they may not want full representation. By offering unbundled services, people are more inclined to hire you for the specific task they want to have accomplished, knowing that they will not be wasting money on services that they feel that they do not need. Also, just as with more tradition arrangements, a client may end up hiring you for more than what they initially wanted. A simple representation at a mediation session may turn into representing the client in a trial if the mediation fails. 
2. Earn more money. If you offer certain unbundled services at a fixed rate based on a general time estimate, you may find that you occasionally perform the task at a slightly faster rate than usual for the same amount of money. Also, by only performing certain tasks for a client, you can avoid wasting time on unbillable tasks that often pop up during full-scope representation.
3. Avoid unpleasant tasks. You may absolutely love the area of law that you practice in, but there may also be certain tasks in that area of law that you would rather not perform. By unbundling your services, you can avoid performing certain less pleasant tasks in your practice area without having to give up practicing in that field.

Tips for Unbundling Your Services

If you do decide to unbundle your services, here are some basic tips to help you get started:

• Check with your state’s rules of professional conduct to see what services you can and cannot unbundle, as certain states only allow you to unbundle services that are related to non-criminal matters. You should also take some time to familiarize yourself with any rules related to withdrawing yourself as legal counsel in a limited scope representation scenario.
• Figure out which services that you perform on a regular basis that you feel you can offer as a stand-alone service. Some lawyers may feel comfortable offering most of their services as unbundled services, while others may choose to offer a few of their services as singular services.
• Calculate how much time a single task, such as drafting a response letter or writing interrogatories, generally takes you and how much you would usually charge for that amount of time. This allows you to provide an accurate estimate on the cost of that task as an unbundled service.
• Draft a standard limited scope of representation agreement for each of the services that you intend to offer as an unbundled service. This can be tweaked for each client depending on the complexity of their situation, but it should give you a good idea of how to explain to your client just what each service entails.
• Limit your initial consultation to just what the client wants to hire you for. There is no need to spend time discussing other parts of the client’s case unless they want to hire you to handle other tasks for them as well. This also helps to avoid any confusion as to the extent of representation that you are providing.

Good luck in your venture into this brave new world of limited scope representation.

Authored by Kristen Johnson, LegalMatch Editor

Are You Offering Payment Plans Yet?

A recurring theme that we hear from our LegalMatch member attorneys is that collecting timely payments from clients can often be challenging. Many of these clients are well meaning, hardworking average every day Americans that are struggling to make ends meet. 

Others, for one reason or the other, are not good candidates for financing. As the proprietor of your business, you must determine:

• which clients are good candidates,
• what reasonable payment expectations should be,
• and what best practices are to ensure compliance. 

Vetting Willingness and Ability to Pay

During an initial telephone consultation, you should be listening empathetically to the client’s explanation of their legal and factual position.  If you fail to impart empathy and concern, discussion of legal fees is moot, since that client will likely be looking in another direction for someone they feel is trustworthy and cares about their case.

But during that conversation, you could ask questions that lead you to an informed conclusion of a client’s willingness and ability to pay. Many clients are seeking free legal advice. While answering a few basic questions may be warranted, oftentimes the best advice is that you need to pay a lawyer to engage your matter as an advocate on your behalf. Getting a client to make the leap from acknowledge this reality, to actually signing a retainer agreement and hiring you, can be made easier when you have the confidence of knowing you have affordable payment options for clients who need them.

Part of the process of converting an opportunity into a closed engagement is a frank discussion, generally during a follow up in person consultation, that outlines what the client needs, what you are offering to do for the client, and what expectations are with regard to compensation.

Most clients are unable to write a check for thousands of dollars in retainer, on the spot. And some clients that are able to do so, are not willing to do so because it exposes them to the possibility that they may be tethered to an lawyer they no longer wish to do business with, because they have exhausted funds allocated for legal services by paying for work not yet completed up front. 

Once you and a client who needs or wants financing have agreed to move forward, you can go the extra step of asking for a credit report in order to provide you with a greater sense of comfort before offering financing to a potential client. 

Ethical Considerations

In a recent article published by The Lawyerist, written by experienced criminal law attorney Russel Hilton, “I am not aware of any ethical problem with a client voluntarily bringing in payments, and I have not found a problem with arranging a fair auto-drafting payment plan. Just make sure everything is disclosed to the client in writing.”  The New York State Bar ethics committee recently issued an opinion clarifying that lawyers may enter into arrangements whereby clients give advance authorization to charge their credit cards. However, once a bill is disputed, an attorney may not thereafter charge the credit card. In short, while all signs point to automatic credit card processing as being a viable and ethical option to consider, always check with your local bar.  

Legal Services Credit Card Processing Companies

That being said, don’t be surprised if you find your state bar is already partnering with a legal services credit card processing company. LawPay alone purports to partner with 40 state bars.  There are others as well, including PaySimple, Chargify and Fusebill, but only LawPay seems to have established relationships with various State Bars.

Payments and Interest

Payment plans should be reasonable and affordable.  Asking a client to over extend themselves is a recipe for disaster and opens the doors for having them potentially default.  Keep their income and expenses in mind, and charge an amount you mutually agree that they can afford to ensure compliance. 

Russel Hilton charges 10% interest on any amount financed, to compensate for the risk of financing and delayed payments.   But you could choose to charge less, or even nothing at all.  0% interest financing would be a great incentive for potential clients. 

In Closing

Without question, most attorneys would like to see their full service charges paid up front before any work begins. In the real world, most people are either unable or unwilling to do so, for a variety of reasons. This is nothing more than a safe approach to closing potential business that you would have previously had to turn away, for lack of having a structure in place to accommodate them. 

Having a payment plan process in place, and engaging a service provider to assist you in your automatic payment acceptance initiatives will save you from having to chase clients around every month, begging for payments on work already performed. Many businesses offer some method of financing, rather than turn away clients and business. In this regard, the business of practicing law is proving to be no different. 

Authored by Cesar Gomez, LegalMatch Marketing Manager

Think Like a Client

Think like a lawyer. This is pretty much the first thing that you are told to do in your very first 1L class. It is essential to surviving law school exams, oral arguments, brief-writing competitions, and any required writing classes. Thinking like a lawyer becomes so essential to how your brain works and how you function throughout law school that, just like Steve Rogers morphing into Captain America after being injected with the super serum, you really do morph into a lawyer by the time you finally become licensed to practice law.

What your 1L professors fail to warn you about is that by allowing your brain to be consumed by the “think like a lawyer” mantra, you risk losing your ability to see things from the perspective of an average person. This inability to relate to your client, and see the situation from their perspective, is part of why there are so many derogatory jokes made about lawyers. In order to combat this negative perception, and make your clients like you even before you win their case for them, you should make a concerted effort to think like a client.

1. Cultivate a Good Bedside Manner

The first step in learning to think like a client is to consider your “bedside manner.” This is a phrase often used to describe how doctors interact with patients, but it can also be applied to lawyers interacting with clients. Just like doctors, we frequently deal with people coming to us when they have a serious problem or are in the midst of a crisis. While you do want to maintain an authoritative presence, as you are the expert when it comes to resolving your client’s issue, you need to make sure that they know that you actually understand the impact that the issue is having on their life, whether they are going through an unexpected and messy divorce or they are coping with being badly injured in a car accident.   

To that end, a little sympathy goes a long way with people. This is something that you probably appreciate on a regular basis without realizing. Most attorneys would be very grateful when a courtroom bailiff helps them carry in and set up exhibits for a trial because there are far too many blown-up photos. Being sympathetic to your client will not only reassure them that you see them not just as a paycheck, but it will also have the added benefit of persuading them to trust you. A client who trusts you is a happy client, and a happy client is a client who is more likely to let you run the case as you need to instead of trying to control every aspect.

2. Translate for Your Client

The second most important thing you can do is speak to your clients in terms that they can actually understand. We lawyers often joke about how we speak a second language called Legalese. However, the truth is that the practice of law really does have its own language, as proven by the existence of Black’s Law Dictionary.

Think back to the very first case book reading assignment that you had. It was probably very confusing because of all of the legal terms. That confusion and cluelessness toward legal terms is exactly what your client is experiencing when you start rattling off phrases such as “statute of limitations” and “admissible evidence.” If you take the time to explain confusing legal phrases or explain everything in layman’s terms, you will not only get rid of your client’s confusion, but you will also help put them at ease.

3. Know Your Practice Area from Your Client’s Perspective

Finally, it is important to know your practice area, not from the perspective of a lawyer, but from the perspective of the average client. Being able to see things from the average client’s perspective will help you with really being able to understand your client and where they are coming from. Would you rather have a plastic surgeon who only focuses on the technical process of performing rhinoplasty without any real thought to what prompted you to get the surgery in the first place and what will happen when the rhinoplasty is complete, or would you prefer a plastic surgeon who can also envision how your nose will look after the surgery and how your new nose will improve your life?

This can be achieved through simply finding out the details surrounding your client’s situation, with the knowledge that they are probably not your only client who has been in that same exact situation. You can also get to know other types of professionals in your field, such as insurance adjusters who handle car insurance or accountants for corporations, or attend events and conferences related to your practice that your client would attend on their own.

Thinking like a client once you are a lawyer may seem as scary as learning to think like a lawyer seemed when you were a brand new law student. However, by following these three points, you should have no problem being able to step into your client’s shoes and become the lawyer that your clients were hoping to find.

Authored by Kristen Johnson, LegalMatch Editor

How The Billable Hour Is Harming Your Firm

Billable hours have been a mainstay of law firm profit for many years. The system requires law firms to charge by the hour for services performed at rate that varies depending on the seniority of the attorney. Clients are sometimes comforted when they receive an itemized hourly bill, detailing what work was done by whom. Ideally, this type of billing would keep firms honest about the amount and types of work that they do. However, in reality, the billable hour leads to waste of time and human resources, and clients are catching on.

Why Does the Billable Hour Exist?

In the past, the cost of legal services was internally regulated through state bar associations by minimum fee schedules which detailed the lowest possible rates that a firm could charge. This prevented lawyers from cutting their rates in order to compete on the market. In 1975, the Supreme Court ruled that lawyers participating in “trade or commerce” were not except from federal anti-trust laws and could not engage in price fixing, which is per se illegal. 

Firms searched for new ways to profit without participating in “anticompetitive activities,” and the billable hour was born. Soon, some firms turned the new system into what one Bloomberg Business commentator called a “cash printing press.” Firms profit when associates churn thousands of billable hours. This often means working as hard as humanly possible to maximize the amount of research, writing, and other legal work done on each case.

Hourly Billing Creates Incentives to be Inefficient and Even Unethical

Under the billable hour, time really is money. As Nathaniel Burney writes, “billing by the hour can actually be a bad thing if one happens to be the kind of lawyer who gets results.” There’s simply no incentive for associates to get faster or to cut out busy work. Each attorney is encouraged to bill for every minute fraction of an hour worked, and may be professionally scorned for failing to work long hours---even if they get the most done.

Some clients, especially those with “deep pockets,” may also fall victim to unnecessary increases in billing due to differences in the attorneys assigned to their account. They may be told that more senior attorneys are more competent, justifying the greater expense. Thus, even routine research that most law school grads could do is billed at a much higher hourly rate: an associate billed out at $400 an hour might be replaced with a partner billed out at $850 an hour for the sake of “quality.” This is also inefficient: senior attorneys’ time would be better spent on complex matters that require great intellectual rigor and understanding of the law.

Lastly, clients who pay by the hour are often charged for a smidgeon more work than was actually required. In some firms, this can lead to unethical behavior. Attorneys may engage in work that is purposely duplicative or unnecessarily detailed just for the sake of consuming time. Hourly billing may also lead to stealing from clients by augmenting or even fabricating hours. The American Bar Association chronicles some outrageous examples of this: for example, a Connecticut lawyer once billed a client 94 hours for a single day of work.

Hourly Billing Wastes the Potential of Talented Associates

A reward for academic achievement in law school can often be a highly paid first-year associate position at a firm. For some, these positions can be disheartening burn-out traps. The true prize for these ambitious new attorneys turns out to be years of sleep deprivation, lack of personal time, and consistently increasing expectations for how many hours will be put in.

Mid-level associates are often required to work well upwards of 2000 billable hours (not total hours) a year. Yale Law School’s career center estimates that a year with 2200 billable hours would in fact require over 3,000 hours of time at work. With a half-hour commute to work, this means 7:30 am to 8:30 pm on Monday through Friday and an extra 9:30 am to 5:30 pm shift three Saturdays per month. 

The lack of life balance (and of sleep) that a schedule like this demands would be a concern in an industry where efficiency was valued. In law firms, however, lowered productivity due to overwork and mental fatigue just increases profit margins.

 Moving Away from the Billable Hour

The ideal firm for both discerning clients and talented, honest lawyers would be one that both achieved excellent results and billed fairly for them. Some of these outstanding firms already exist. However, reality dictates that for many firms, there are simply too many perverse incentives in the current system. Firms have also hit a dilemma, in that clients now demand good value for their money. Firms that stay on the current path may lose business by failing to differentiate themselves from their time and money wasting competitors.

Two main alternatives to hourly billing now exist.

Energetic firms may wish to bill for each task performed (or for the whole case) using a fixed rate. This is seen as one of the best alternative fee systems because it encourages efficiency, especially when performing routine legal tasks. Many large clients are now demanding this type of billing for some matters. However, beware one problem: when billing is only based on the end product, some attorneys may take time-saving shortcuts that decrease work quality.

Firms that operate in high-risk and high-reward areas such as tort law can (and already do) use contingency or reverse contingency billing. Contingency billing rewards a firm with a percentage of the settlement or judgment in a successful case. Reverse contingency billing, on the other hand, rewards a firm with the percentage of the amount a client doesn’t have to pay when an adversary loses a suit. These approaches transfer some of the risk of a lawsuit from client to firm. One downside is that this discourages firms from taking on the riskier cases.  On the other hand, it also forces attorneys to pay attention to the quality of their work and fight hard.

However, these two methods are only a starting point. As a profession, we must brainstorm new ways to fairly charge clients for our services. Until we do, firms will remain beholden to an inefficient system that encourages dishonesty and squanders attorney talent.

Authored by Alexis Watts, LegalMatch Legal Writer

Legal Ethics of Social Media

Guidelines for legal ethics were recently developed by the Commercial and Federal Litigation Section of the New York State Bar Association. While they are not requirements, they are recommendations for lawyers to apply when using social media as part of their practice.

According to the guidelines, an attorney is incapable of being competent without a working knowledge of the advantages and risks that are affiliated with using social media. Attorneys are urged to retain copies of client communications on social media, and should take responsibility for changing any incorrect information that is posted by others on the lawyers’ online biographies. In addition, the guidelines give attorneys the right to perform online research on public segments of social media profiles.

It is imperative that attorneys are aware of the benefits, disadvantages, and risks of using social media. Otherwise, they may find themselves embroiled in predicaments with their clients and disciplinary committees. Furthermore, lawyers must realize that social media communications that extend over several jurisdictions could involve ethics rules of other states. Attorneys must comply with the ethical requirements of each state in which they practice, and recognize that there may be significant differences between the rules of each state.

Pitfalls of Promoting and Practicing Online

Social media has become an effective means by which attorneys can conduct an investigation and acquire information regarding a witness, party, or juror without using formal discovery. However, prior to reading someone’s social media account, posts, or profile, attorneys must be cognizant of the fact that ethics rules and opinions determine whether an attorney can view such social media, and if so, the ways in which they can read such media.

When using social media, communications are frequently directed at not only the intended recipient, but to a number of people. For this reason, attorneys must ensure that they are complying with attorney advertising rules as well as other ethical regulations. Another possibility is that attorneys may inadvertently reveal privileged or confidential information to individuals other than the intended recipient. Attorneys must also be aware of the potential for a social media communication to establish an attorney-client relationship that was unintended.

An attorney’s social media profile that is used solely for personal purposes need not comply with rules concerning attorney advertising and solicitation. However, an attorney’s social media profile, blog, or post that is used to retain clients must be in compliance with such rules. When advertising their areas of practice using social media, attorneys should not use the term, “specialist,” unless the attorney has been certified by the proper accrediting organization.

Attorneys must also make certain that any third-party legal endorsements that are posted to their social media profile are accurate. In order to ensure such accuracy, the attorney must monitor the posts and make any needed corrections to posts made by clients or other third parties.  While attorneys may view the social media profiles of jurors or potential jurors, they are prohibited from connecting with them. Nor should they engage in any communication with jurors on social media.

These are only some of the new guidelines that are recommended for attorneys who use social media. Lawyers are encouraged to adhere to the guidelines so as to avoid any potential conflicts that may arise with clients or disciplinary committees.

Authored by Roxanne Minott, LegalMatch Legal Writer and Attorney at Law

Welcome Feedback from Clients to Improve Satisfaction

Everyone wants to be appreciated for their hard work, but while praise can be encouraging, it’s not nearly as constructive as addressing faulty areas directly. Even though constructive criticism may be hard to handle, only honest feedback will truly help improvement.

Create a client survey that each can fill out upon completion of their case. You may want to avoid making sections for negative feedback, but being the best means allowing and understanding how clients really feel.

Start with an easy survey like the one below, and change it over time to reflect different needs.

Example:

On a scale of 1–10, please indicate your level of satisfaction with the following:

(1 = Very Satisfied, 10 = Very Dissatisfied)

1.       The frequency with which you received updates from your lawyer regarding your

   case.

2.       Your lawyer’s ability to achieve desired results for your case.

3.       The accessibility of your lawyer.

4.       Your lawyer’s knowledge of the law relating to your legal case.

5.       Your lawyer’s level of professionalism.

6.       Your lawyer’s personality and behavior.

7.       Your overall experience at this firm/practice.

8.       Would you hire this lawyer again? Y/N

9.       Would you recommend this lawyer to a friend or colleague? Y/N

If you are interested in more specific client feedback, which is always valuable, consider adding an area at the bottom or on the back of your survey for clients to free write. This will allow clients to explain their choices and address issues that may not have been covered by your questions.

Some clients may be hesitant to add constructive criticism if not prompted, so adding a question such as: “In what areas can the lawyer or law firm improve in and why?” is beneficial.

As a bonus, you can show your good reviews to other potential clients, feature them on your website, or add them into your practice’s other marketing avenues.

And your bad reviews?

Learn from them, and make necessary changes. Your practice in turn will be stronger than ever.

Managing Flaky Clients

A good lawyer will make it a point to send out confirmation e-mails or call clients ahead of a scheduled meeting. Doing so will deter the client from cancelling last minute, and will show how truly invested you are in the case.

Let the client know that yours and their time is very important, and a speedy case is beneficial to both parties.  If they are serious about their legal matter, they need to respond to the confirmation e-mail within 48 hours of the appointment. If they do not, you should fill the slot with another appointment with a committed client.

In doing these steps, you eliminate time wasted on flakey clients, and make space for clients who really do need your legal expertise. In a worst-case scenario, you’ll have a client who has forgotten to confirm come in anyway. It is important to still act professional in these cases, and politely let the client know they need to confirm in the future.

 

Creating Strong Client Relationships

Create stronger relationships with your clients by implementing these tips into the daily operations of your legal practice:

1) Humanize Yourself

Clients and lawyers tend to see each other as being on separate social, economic, political, and intellectual levels. Often, clients are intimidated by their lawyer’s professional status and will in turn treat them differently. The distance this imagined hierarchy creates can hinder clients from hiring lawyers or creating an honest relationship with them.

Try your best to make a genuine effort and level yourself with your client. Interact with them as if they are a colleague, and they are less likely to feel intimidated by you. You may find that communication becomes easier and more natural for both of you by taking this approach.

2) Only Be a Lawyer

People seeking attorneys sometimes expect more than just legal services. They can turn you into their psychiatrist, their priest, and even their doctor without you realizing it. You will end up exhausted trying to juggle all the roles they expect you to fill.

To ensure clients stick to only their legal problems, it’s important for you to make your role perfectly clear—right from the beginning.

It is acceptable to let needy clients know that you have other cases to work on. Don’t let one emotional client take up all your time. Be honest with your clients and create boundaries as soon as possible. If they disrespect the boundaries, let them know right away. 

3) Be Wary of Everlastingly Unhappy Clients

Sometimes, no matter the outcome of the case, you’ll run into clients who will never be content. No matter what you do or how hard you work, this type of client will blame your services, blame the courts, and complain about their situation, refusing any and all solutions you propose. Unfortunately, the only resolution to this problem, is to not take on these clients in the first place. Learn to spot problem clients right away and learn to say no; your stress level will decrease dramatically.

Keep an eye out for these warning signs:

• A client who is demanding.
• A client who believes they know more about the law than you.
• A client who has very high and/or unrealistic expectations.

For more legal marketing tips from the LegalMatch marketing team, follow us on LinkedIn.

Tips on Keeping a Personal Injury Record

Keeping proper records for a personal injury case is essential for success. Sufficient records help win cases; without a solid base of records, the opposing counsel can gain leverage against your client. Also, a failure to maintain and protect proper personal injury records can risk client confidentiality and implicate privacy breaches as well.

For instance, personal injury cases may involve the client’s medical records, which are subject to specific rules in terms of client confidentiality. Dealing with medical records involves walking a fine line between discovery disclosures and client privacy.

Ideally, personal injury firms and practitioners will have a set, systematized way of organizing and storing personal injury files. However, these are often not formalized and may simply be an amalgamation of habits and routines built up over the years. Here are a few personal injury record issues to look out for:

• Unforeseeable Events: Files can get lost in unpredictable situations like fires or natural disasters. Be wary of where you keep your files, and always keep copies in separate locations from the originals.
• Online and Internet Security: Storing files online or on a cloud is a newer phenomenon that must be approached with care. Cloud security is still a newer issue and you’ll want to be sure your files are stored securely. You may need to hire an IT professional for guidance with technical aspects of practice.
• Transmissions of Files: Similarly, you will want to watch when and where you transmit any electronic records related to your client’s case. Not all internet connections are secure; for instance, you’d want to be wary of sending sensitive information while logged into the Wi-Fi at your local coffee shop or at a private residence.
• Upkeep of your Archives: Proper archiving habits can help keep your records free of clutter and unnecessary documents. Eliminating unnecessary files can help avoid errors related to record-keeping.

Personal injury cases can involve many documents, including police reports, medical and hospital readings, video and photographs, and many other types of evidence. Successful command of evidence in a personal injury case is heavily dependent on the ability to store and locate records and documents in an efficient and streamlined way. Some practitioners may be unfamiliar with this process; others may handle record storage entirely by themselves. In any case, it’s always a good practice to manage client records in a conscientious way.