The U.S. District Court for the District of Oregon was recently presented with the question of whether nonjudicial foreclosures fall within the scope of the OUDCPA in the case of Povey v. Castle & Cooke Mortgage. The federal court concluded that nonjudicial foreclosure is “debt collection” under the OUDCPA. And because the Oregon statute contains no limitation on its applicability to the enforcement of security interests, the court held that nonjudicial foreclosure is subject to the OUDCPA.
Corporate Transparency Act Dateline: December 31, 2024
Requirements under the CTA are evolving quickly. On December 3, 2024, in Texas Top Cop Shop, Inc. v. Garland, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction temporarily blocking enforcement of the CTA's reporting requirements. After much overly dramatic back-and-forth—including the Fifth Circuit’s quick reversal of its own motions panel—the injunction stands … at least until the end of March.
Revised PLF Books for Starting and Managing Your Law Practice!
To support aspiring and current firm owners, we've refreshed our practice management book series, complete with our latest malpractice avoidance tips, general guidelines, and practical forms. The new design format enhances readability, while the trio of covers embraces the essence of the Pacific Northwest. Whether you're planning to start a firm or already managing one, this set from the PLF reveals valuable insights to guide your journey.
Shape Your Work With Pro Se Parties
Clear communication with pro se parties can help prevent misunderstandings and allow you to better work with them and obtain the information you need to represent your client competently and diligently. Focus on building a professional relationship with them that clearly defines roles and interests. Consider the following tips when interacting with a self-represented litigant to help avoid potential ethics or malpractice issues.
Catching the Right Fish: Associate Job Posts
Finding the right associate to join your firm can feel a lot like fishing. There may be plenty of fish in the sea, but you are searching for a star. Your job description is the first connection potential applicants have with you. You want that first contact to capture their attention and interest while also conveying your values and the benefits of working with you.
Drawing the Line for Nonengagement
Meeting with a potential client may sometimes feel like walking a tightrope. It can be difficult to end the intake without any misunderstandings or unintended promises. When someone believes an attorney-client relationship has formed but you do not, a real danger exists. As the attorney, it is your role and responsibility to clearly communicate when an attorney-client relationship is established and when it is not, no matter the marketing medium.
Making the Work Flow
To prevent mishaps and errors, you may need to evaluate how cases proceed through your office. Having a smooth process can avoid inaccuracies and save time. You can be more efficient if you have a well-defined and planned workflow for you and your staff.
ABA TECHSHOW BYTES!
See a few takeaways from the 2022 ABA TECHSHOW that you may want to incorporate into your practice, particularly regarding evaluating your technology, software for managing new clients, and virtual receptionists.
Manage Your Trust Account Like You Care for Your Dog
To best manage your lawyer trust account, think of and care for your trust account the way you would take care of your dog. You attend to its particular needs, such as physical and mental stimulation, dietary monitoring, and health check-ups. These steps for owning a happy and healthy dog reflect similar methods for maintaining a sound trust account.
Billing Software: Explore your Options
The type of program you use to track your time and calculate your bills will vary depending on your specific practice and firm goals. In focusing on software for billing, you have your choice of options, but you should consider the variety of features available when making the decision which to use for your practice.
Oregon
Notarization in Oregon became a bit challenging when COVID-19 forced people to stay home and keep a physical distance. Many lawyers came up with clever ways to notarize their clients
Working Remotely: The Takeaway
We are now three months in to what is, for many of us, this brave new world of remote work. For some, it has been a resoundingly successful experiment. Some lawyers who previously worked out of traditional law offices have made a smooth transition to working out of their homes
Is There a "New Normal" in Your Future?
With this blog post, let me pose the question, is there a
Client Intake: Making it More Effective and Efficient
Client intake is an important process within a law firm. Just as with other industries and in our personal lives, first impressions speak volumes. According to the 2019 Clio Legal Trends Report, 42% of consumers surveyed say that if they like the first lawyer they speak with, they won
Firm Management: When It's Time for Tough Conversations
Despite popular beliefs about lawyers, a great majority of them are conflict avoidant and risk averse. Managing a firm difficult can be when it
Better Beginnings for Onboarding New Clients
Lawyer-client relationships deserve good beginnings. Good beginnings may seem unachievable on the days when we are strapped for time and feel pressed to get to the lawyering. Relax. Let
Avoiding Malpractice
Loss prevention is the chief focus for the Practice Management Advisor program, which is carried out by four attorney practice management advisors or PMAs. Since the PMA program is within the Professional Liability Fund, the loss contemplated is malpractice or professional negligence.
Evolving Scams: Don't Let Your Guard Down
When it comes to scams, never let your guard down. Even though you may feel like you can recognize the red flags, the scammers are constantly evolving and creating more sophisticated scams as we catch on to their more obvious ploys.
Vision and Mission Statements for Your Law Practice
One thing that some lawyers don
Entrance Stage Right: How to Resume the Practice of Law
The one thing we can count on is that plans change. You may have intended that your departure from practicing law was permanent. Sometimes, the reasons that compel us to exit stage left become replaced by reasons to return. How do we do it? Do you try to pick up where you left off or do you start somewhere else? If these are questions you are beginning to explore, here are some things to consider and some resources to help you with your journey.