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Video: How to Use the Windows Snipping Tool
August 03, 2018
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BLOG AUTHORS
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Building a Good Workplace Culture in 2021
January 15, 20212020 was a very tough year. Instead of reciting a lengthy laundry list of all the bad things that happened last year, I’d like to focus on one goal that I hope all law firms and legal organizations will commit to in 2021: building a good work culture in which everyone can succeed.
by Hong Dao
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Governor’s Order Extends Statute of Limitations
January 12, 2021On December 17, 2020, Oregon Governor Kate Brown extended the state-issued Executive Order No. 20-67, which served to extend Executive Order No. 20-03 and the COVID-19 State of Emergency for a fifth time. View Post
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Contract Lawyering: Common Issues and Considerations
November 30, 2020The traditional legal employment model of hiring a full-time lawyer to work as an associate attorney or in-house counsel is not always suitable for certain law firms and offices. Temporary projects or legal work that have limited duration don’t necessarily call for full-time employment of a lawyer. In those situations, hiring a contract lawyer can provide the firm with needed resources and still be within its budget.
by Hong Dao
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Hard Times Don’t Call for Desperate Measures
October 30, 2020As business continues to dwindle for some law firms, they are laying off associates and staff, imposing pay cuts, and taking other measures to minimize the financial impact caused by the pandemic. The pressure to stay afloat may tempt lawyers to relax their billing practices, ramp up fee collection efforts, and even hoard billable hours. Working from home can also lead to careless billing practices as the line between work and family life begins to blur.
by Hong Dao
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Marketing: Your Law Firm, Yourself
October 16, 2020If you feel uncomfortable and unconfident marketing your law firm or yourself, you are not alone. Many professionals feel that it is unseemly to advertise, even though it is ethically permitted under the Oregon Rules of Professional Conduct, as long as it is neither misleading nor false. View Post
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Supervising Associate Lawyers to Reduce Malpractice Exposure
October 01, 2020In my previous blog post, “Hoarding and Dabbling, Oh My,” I wrote about how the pandemic has resulted in a swift and dramatic transformation of the legal profession. This transformation has created new risk management challenges for many law firms, including hoarding legal work and dabbling in new practice areas. This blog post will focus on another area that may expose law firms to malpractice liability: not properly supervising associate lawyers.
by Hong Dao
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Communication with Clients: Adjust as Necessary
September 18, 2020Regardless of the practice area, many attorneys are now facing the dilemma of losing track of their clients. The pandemic, and most recently wildfires on the West Coast, has upended many people’s lives. Clients may have moved or changed their phone number, or even become homeless with limited or no access to phone or internet, making it difficult if not impossible to track them down. View Post
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A Message to our Oregon Legal Community in Response to the Wildfires
September 11, 2020We understand that these are very difficult times, and we want to remind you that the Professional Liability Fund is here to help and has numerous resources available to assist you.
by Tanya Hanson
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Increased Claims Risk for Criminal Law Practitioners Related to PCR
September 10, 2020Criminal law has historically been viewed as a low-claim frequency and severity area of practice – and rightly so. Our claims statistics have borne that out. Over the past 12 to 18 months, though, we have started to see the potential for increased exposure to these practitioners – specifically, claims against criminal defense attorneys whose clients have been convicted, but have subsequently been granted post-conviction relief (PCR). View Post
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Why Is More Than a Question: Understanding Your Firm’s Purpose
September 03, 2020At the start of this pandemic, many businesses had to close their doors. A few businesses were able to switch gears and continue employing their workers to do something else. For example, some distilleries and wineries started using their own alcohol to make hand sanitizer at a time when it was in short supply. A pizza shop in Chicago that could no longer serve pizza by the slice started using its ovens to make plastic face shields for frontline workers.
by Hong Dao
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Working from Home? Make Your Internet Work for You
August 21, 2020Many of us are more reliant than ever before on the stability and speed of our internet connection, now that the pandemic has forced us to work from home and many children are engaged in remote learning. If your home internet connection is not performing at the level necessary to support your needs, consider the options below to make it work for you. View Post
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Hoarding and Dabbling, Oh My!
August 07, 2020COVID-19 has pushed many lawyers to quickly transition to a remote work environment and digitize their law practice. The swift and drastic transformation of the legal profession has created new risk management challenges for lawyers as they navigate different ways to run their business and deliver legal services. This blog post will explore some of the risks lawyers face when trying to get new clients and retain existing ones during the COVID-19 era.
by Hong Dao
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Resources for Connecting During COVID-19
July 24, 2020The pandemic has forced us to reexamine how we connect with others. Thankfully, technology has allowed us to create new virtual networking opportunities with colleagues, friends, and family. It is important to maintain those connections and establish new ones; otherwise it has been shown that social isolation can have damaging effects, both personal and professional. View Post
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Oregon’s Remote Online Notarization Is Here—But Only Temporarily
July 14, 2020Notarization 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’ documents in person while still maintaining a safe distance.
by Hong Dao
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Phone Systems: What Works for Your Firm?
June 26, 2020As we move forward and adjust to the changing infrastructure due to the pandemic, it is a good time to think about what type of phone system works best for your law firm. Phone calls remain a very popular form of communication, despite other methods such as email, video conferencing, and client portals, and may be the preferred method depending on the circumstances. View Post
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Working Remotely: The Takeaway
June 18, 2020We 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 – and may never look back, opting instead to take their practices paperless or work remotely all or part of the time.
by Tanya Hanson
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Is There a "New Normal" in Your Future?
June 11, 2020With this blog post, let me pose the question, is there a “new normal” in your future? View Post
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Manage Your Law Office with Documented Systems and Procedures
May 29, 2020It doesn’t take much to open a law practice. Lawyers don’t need big expensive equipment and tools like in a dental or medical office. They can start practicing law with just a computer with access to the Internet and a few software programs. But a successful law practice does not end with having the right hardware and software. It’s the systems and procedures that will help lawyers move their cases along smoothly and provide the infrastructure for growth.
by Hong Dao
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Collaborative Word Processing
May 01, 2020With the spread of COVID-19 and resulting changes in how we conduct business, we need methods for exchanging information in different ways. In particular, attorneys need secure methods to collaborate on Word documents with both their clients and colleagues. This collaboration could include simply gathering information from clients with an intake form, review and approval of a document by a client or supervisor, or more complex collaboration involving multiple versions and tracked changes. View Post
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Electronic Signature: A Tool to Incorporate in Your Law Practice
April 16, 2020The COVID-19 pandemic may mark the end of an era of hesitation or resistance from lawyers about the use of cloud services and products. We are all now forced to rely on remote access programs and other technologies to help us do our work from home.
by Hong Dao
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More Resources for Working from Home
March 30, 2020Switching to a Work From Home (WFH) law practice is a big adjustment for lawyers and their colleagues, staff, and clients. To help support your efforts to make this go smoother, we have created a new practice aid, “Resources for Working Remotely in the Age of COVID-19.” You’ll find it in our new practice aid category: COVID-19. View Post
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THRIVING…Despite Challenge: A Brief Roadmap for Lawyers
March 26, 2020It is no surprise that each of us responds differently to life’s changes and challenges: the birth of a child, the death of a parent, a good job obtained, a good job lost, a financial success, a financial setback. No two of us react in exactly the same way. That’s natural and to be expected. View Post
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Maintain Control by Narrowing Down Your COVID-19 Resources
March 25, 2020At times like these, the amount of information available on the topic of COVID-19 can be overwhelming. With the vast number of unknowns and quickly changing landscapes, it can be difficult if not impossible to feel any sense of control. I’ve compiled various resources for you to reference, organized by topic, to provide you with a sense of where to look when you have questions. View Post
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Staying the Course During the COVID-19 Pandemic
March 20, 2020Most law offices are operating with a skeleton crew onsite to receive, sort, scan, and deliver mail that is important for lawyers to continue practicing law by working from home. View Post
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Working and Meeting in the Age of Social Distancing
March 16, 2020In light of the spread of COVID-19, many lawyers are looking for ways to continue meeting with their clients and other parties while keeping some distance from them. Fortunately, we are in an age where technology makes it easy to implement social distancing efforts that many individuals and businesses are now undertaking. This blog post will cover two tools that will allow lawyers to work and maintain social distance: (1) video conferencing and (2) remote access.
by Hong Dao
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Client Portals: Take Control of Client Communication
March 06, 2020Client portals allow lawyers to interact with clients in a secure environment to accomplish tasks such as gathering information, sharing documents, and making payments for services. They can be a valuable tool for lawyers, so consider implementing them into your practice if you haven't already. View Post
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How to Prevent Losing Track of Your Client
January 24, 2020“We sent a letter to our client regarding settlement and it was returned with no forwarding address.” “I am trying to close my trust account and I still have $500 belonging to a client I can’t find.” “I have a court hearing in ten days and my client’s cell phone has no voice mail box set up.” “My client no longer works for the employer he gave us.” "My client was deported." “Help! I don’t know how to find my client!” View Post
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What the Doctors Order for 2020
January 03, 2020Let’s start 2020 off with some wishful thinking: if only there were a silver bullet to solve all issues that lead to legal malpractice claims. Wouldn’t that be great? If only lawyers were better at calendaring deadlines. If only lawyers thoroughly understood and correctly applied the law. If only they meticulously documented their files. If only….
by Hong Dao
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Client Intake: Making it More Effective and Efficient
December 20, 2019Client 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’t need to speak with any others. Implement these tips to streamline and make your intake process more effective. View Post
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Firm Management: When It's Time for Tough Conversations
December 06, 2019Despite popular beliefs about lawyers, a great majority of them are conflict avoidant and risk averse. Managing a firm difficult can be when it’s time to have tough conversations. View Post
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You May Be Needed Elsewhere: How a Market Analysis Can Help
November 15, 2019For lawyers who want to open their own law practice, here is something to consider: examine the market you want to practice in. Doing a market analysis is an essential first step to opening any business.
by Hong Dao
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Loss Prevention Resources
November 04, 2019The PLF's loss prevention department provides assistance to Oregon lawyers in a variety of ways. Remember to take advantage of our resources at every opportunity. View Post
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Better Beginnings for Onboarding New Clients
October 18, 2019Lawyer-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’s strive for better beginnings for onboarding new clients. View Post
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What Can Yard Work Teach Lawyers about Project Management?
September 23, 2019Anne, the owner of a two-attorney law firm and a single mother of two children, pulls into her driveway after a busy and stressful day at the office. She looks at her front yard full of patches of dead grass, weeds, and random yard debris. Her eyes glance over at her retired neighbor’s perfectly manicured lawn and she lets out a long sigh....
by Hong Dao
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Using Interpreters or Translators
September 06, 2019If you find yourself in a matter that may require the use of an interpreter or translator, consider these guidelines and resources to help you understand and streamline the process. View Post
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Video 3: Practice Management Tips for Avoiding Missed Deadlines
September 03, 2019This short video, the last in a 3-part series focusing on missed deadlines, expands on the previous videos to provide additional suggestions from Practice Management Advisor Rachel Edwards for how to avoid missing deadlines, ranging from calendaring to client and case screening. View Post
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Video 2: Why are Deadlines Being Missed: (And Tips from a Claims Attorney for Avoiding Missed Deadlines)
September 02, 2019This short video, the second in a 3-part series focusing on missed deadlines, discusses from the perspective of PLF claims attorney Maureen DeFrank, the most common reasons the PLF sees deadlines being missed. It also provides various tips for how to avoid missing deadlines. View Post
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Video 1: Introduction to the Oregon Statutory Time Limitations Handbook
September 01, 2019This short video, the first in a 3-part series focusing on missed deadlines, explains how to navigate and understand the publication titled “Oregon Statutory Time Limitations Handbook,” published jointly by the Professional Liability Fund and the Oregon State Bar. Otherwise known as the “red book." View Post
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Avoiding Malpractice
August 21, 2019Loss 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. View Post
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The Fraud of a “Perfect” Job Candidate
July 17, 2019A law firm in Oregon, whom I will call Alpha Beta Charlie (“ABC”), recently posted an ad for an estate planning legal assistant. ABC received an impressive resume from a candidate. The resume hit all the right points and addressed specific requirements in the job posting. It had flawless grammar and a beautiful layout. The candidate seemed like a perfect match.
by Hong Dao
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The Fake Law Firm Scam
July 11, 2019You may have heard about so many frauds that you are tired of listening. As a lawyer, you may avoid falling victim to fraud by being hyper-vigilant, by refusing to click on popup windows, or by refraining from opening unexpected attachments that could release malware onto your computer. View Post
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Electronic Payment Processing Software for Law Firms
June 28, 2019Payment by cash and paper checks is becoming a less common form of payment. Providing clients with the ability to pay electronically using a credit or debit card or an eCheck is now standard business practice. Many clients assume that a law firm will offer these types of payment options, and setting up an electronic payment system can provide for faster payments and simplify your billing process. View Post
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Remote Access for Lawyers: Remote Desktop Protocol (RDP) and Virtual Private Network (VPN)
May 31, 2019As lawyers embrace the trend to work offsite, remote access becomes an important tool. Remote access refers to the ability of one computer to remotely access information on another computer or network. This functionality lets lawyers access their applications, folders, and files on their work computer while working from home or somewhere offsite.
by Hong Dao
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Five Tips for Keeping Clients Happier with Communication
May 17, 2019Unhappy clients are not the clients you want to have. They complain to you, to your staff, to their neighbors, to their friends, and they complain to the Oregon State Bar. One thing that makes clients unhappy is being ignored. Their emails go unanswered. There is no callback. If a receptionist is answering the phone, the receptionist becomes less sympathetic to the complaining client out of embarrassment or frustration. View Post
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State Courts: Take Advantage of All Available Resources
May 03, 2019Navigating the court system can be a challenging experience. Many attorneys find themselves interacting with the court on a regular basis, while others infrequently encounter the court system. Regardless of your experience interacting with the court, a plethora of resources are available to make the experience less stressful for you and your clients. View Post
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Retention and Destruction of Electronic Client Files in the Cloud
April 05, 2019As more lawyers store their electronic files in the cloud through vendors like Dropbox, Google Drive, or Box, or through practice management software like MyCase, RocketMatter, or Clio, they will eventually deal with the issue of what will happen to those files when they close their practice.
by Hong Dao
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The Basics of Your Financial Statements
March 22, 2019The three most important financial statements that lawyers should pay attention to are the income statement, the balance sheet, and the statement of cash flows. These reports will not only help you run a profitable law practice, they also will help you to provide current reports to your business loan officer if you plan to get a business loan. View Post
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Hiring Staff: Considerations Before and During the Hiring Process
March 11, 2019Feeling overwhelmed by your workload and never quite able to pull yourself out of the black hole of tasks? Yet most attorneys have never been an employer, and the idea of all that goes into hiring an employee can feel overwhelming. Don't allow this to deter you from at least considering the prospect of hiring staff. View Post
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Options for Getting Paid
February 08, 2019Since 2016, Clio has been doing annual surveys that found that lawyers, on average, bill only 30% of their time and collect on about 85% of those billed hours. The reason for this isn’t because solo attorneys and lawyers in smaller firms are slacking off. It’s because they spend part of their workday on nonbillable work that cannot be delegated due to a lack of staff. It’s also because lawyers are not always diligent in entering their time, invoicing, and collecting on their bills.
by Hong Dao
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Establishing Reasonable Fees
January 25, 2019You do legal work for clients, hoping those clients will pay you an amount commensurate with that work. Is it possible to avoid the disconnect between what we think our legal services are worth and what our clients perceive as their value to them? View Post
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Evolving Scams: Don't Let Your Guard Down
January 11, 2019When 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. View Post
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Scrambling for CLE Credits?
December 14, 2018December can be a busy month for many lawyers. One of the many tasks lawyers have to perform as they transition from 2018 to 2019 is submitting their MCLE compliance report to the Oregon State Bar. Sometimes lawyers are shocked to find out they are short 10 or more credits and then scramble for CLEs to make up for the shortfall.
by Hong Dao
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Taking Stock of Resources at the OSB for the General Public and Oregon Lawyers
December 03, 2018Have you stopped to take stock of the resources available to the general public and for Oregon lawyers at the Oregon State Bar? There is a wealth of resources offered for free or for an affordable cost. Now is the perfect time to take stock of what is available to the general public that can be very useful for your clients and for your staff. View Post
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Options for Redaction
November 02, 2018Lawyers often need to securely remove confidential information, otherwise known as redaction, from discoverable documents. The physical act of using redaction tape or a sharpie to remove information from documents is time-consuming and can be frustrating to say the least, especially since many documents now arrive in electronic form rather than paper. If you haven’t already, consider using software to assist with the redaction process. View Post
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Vision and Mission Statements for Your Law Practice
October 19, 2018One thing that some lawyers don’t typically do when opening their law practice is creating a vision and mission for their firm. They may have a website that includes an “About me” or “About us” page that consists of a biography of the lawyers. But biographies do not capture the firm’s identity: what it does, why and how it does it, what it wants to be, and what it believes in. That is where the vision and mission statements come in.
by Hong Dao
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Get Ready for Any Disaster
October 05, 2018There is nothing like a disaster occurring someplace else to make us pause to appreciate that we are not facing a similar disaster locally. I wonder whether the lawyers in the disaster zone were ready for the devastation to their law firms in the aftermath of the hurricane. I hope so because the disasters we don’t prepare for may bring harm to our clients despite our good intentions otherwise. Now is the perfect time to ensure that we are prepared in our own locale. View Post
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Notetaking Outside the Office
September 21, 2018You’ve probably faced this scenario: You’re out of the office and you receive an email or phone call from a client or third party and have no access to a pen and paper to take notes. Many options are available that can assist with notetaking when you're working outside the office. View Post
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Using Outlook to Save Google Emails
September 07, 2018If you are a lawyer using Gmail in your law practice and want or need to save your client emails, here is a tip to help you do this. It requires you to have Microsoft Outlook with Adobe Acrobat PDFMaker add-on. With these two programs, you can convert an Outlook email folder including all attachments into a single PDF document.
by Hong Dao
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Getting It All Done As a Solo
August 27, 2018One of the biggest challenges a solo without support staff faces is trying to get it all done. How is it humanly possible? It may take some extraordinary juggling and a persistent adherence to planning, but I believe you can get close. View Post
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All Travel and No Play: Confidentiality Concerns if Working While Traveling
August 10, 2018Summer is a popular time for taking a vacation. Or you may be traveling for work. Even when taking a vacation, many attorneys unfortunately can never truly leave work behind. That usually means traveling with a laptop or other device to be used for completing work. Yet your ethical duty to maintain client confidentiality pursuant to ORPC 1.6 remains the same when working outside the office. View Post
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Video: How to Remove Metadata from a Word or PDF Document
August 03, 2018This short video shows you how to remove metadata from a Word or PDF document. Metadata is data stored in an electronic document that is hidden from immediate view. The information that is out of view, but attainable, sometimes includes information that is confidential or prejudicial to your client. PLF Practice Management Advisor Rachel Edwards explains how to use this important process for making sure you don’t accidentally reveal confidential information. View Post
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Video: How to Use the Windows Snipping Tool
August 03, 2018This short video shows you how to use the Windows snipping tool. The snipping tool allows you to capture a portion of what is seen on your computer screen, such as a picture, a paragraph from an article, or contact information. PLF Practice Management Advisor Sheila Blackford leads you through how to capture something using this tool and how to use the tool’s additional functions such as highlighting text, adding text, and emailing the captured information. View Post
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Options for Sending Large Files
July 27, 2018Many lawyers who don’t consider themselves “paperless” still prefer to electronically send documents to their clients or other parties. Most lawyers accomplish this task by using their email program. Email works great when the file is small. But it’s not as easy when the file is large. Most email programs allow users to send an attachment up to 10 MB, and a few others may stretch the limit to 25 MB. Here are some options for sending large files.
by Hong Dao
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Playing the What-If Game
July 13, 2018Lawyers are great planners. They are helpful to their clients because they are Grand Masters at the What-if Game: anticipating everything that might get overlooked or go wrong and planning accordingly. Today I’d like the opportunity to be the Grand Master for your professional What-if Game. View Post
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Managing Client Expectations
June 29, 2018Communication is an important part of establishing and maintaining good relationships with your clients. Most if not all attorneys have represented a client who became upset after not receiving an immediate response to an email or phone call, even if the expected turnaround time is unrealistic. Managing client expectations about how you communicate can avoid the stress of miscommunication or clients feeling neglected. View Post
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To “Of Counsel” or Not
June 15, 2018It’s very temping for lawyers to slap an “of counsel” label on an arrangement they have with another law firm. The of counsel designation may sound attractive, but it has some pitfalls lawyers should be aware of.
by Hong Dao
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Entrance Stage Right: How to Resume the Practice of Law
June 01, 2018The 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. View Post
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Video: How to Create a Pleading Template in Word
May 22, 2018This video shows you how to create your own pleading template from scratch and describes the benefits of creating your own versus using a standardized template. Former PLF Practice Management Advisor Jennifer Meisberger walks you through each step of the process, including creating the title, caption, body, line numbering, footer, and then saving the template. View Post
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Microsoft Office 2007 and Beyond
May 18, 2018Microsoft Office is a staple for many law firms and every version offers customer support. Yet support ends a certain period of time after release of the product. Office 2007 support ended on October 10, 2017. If you still use Office 2007 or an earlier version, you may be putting yourself at higher risk for malpractice claims or disciplinary issues now that your system is no longer supported by regular security updates. View Post
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Video: How to Use the Signature Function in Outlook for Email Signatures and Templates
May 15, 2018This short video shows you how to create different signatures in Outlook. PLF Practice Management Advisor Sheila Blackford leads you through the simple process of how to create and customize your signature and also how to insert an electronic business card, a picture or logo, and a hyperlink to your social media accounts. View Post
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Video: How to Create a Transparent Personal Electronic Signature
May 08, 2018This video shows you how to create a standalone electronic signature that you can insert into Word documents. PLF Practice Management Advisor Rachel Edwards gives you step-by-step instructions on how to create, crop, sharpen, resize, and save your signature, as well as how to include your typewritten name and firm name in the signature. View Post
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Reduce Malpractice Risk by Properly Managing Files
May 04, 2018How you manage your files can present a malpractice risk. Proper file management can help you reduce the risk because it allows you to find the documents you need and encourages documentation.
by Hong Dao
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Video: How to Use Quick Steps in Outlook
May 01, 2018This short video shows you how to save time by using Outlook’s “quick step” feature for tasks like making appointments and sending emails to groups. PLF Practice Management Advisor Hong Dao gives you step-by-step instructions for making use of this quick and useful function.
by Hong Dao
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Data Hoarding: A Potential Risk for Law Firms - Part II
April 20, 2018In my previous blog post, I discussed the risks and reasons lawyers over-save data. This post is about how lawyers can avoid hoarding data. Don’t start indiscriminately deleting or shredding files to avoid hoarding data. The process must be thoughtful and deliberate.
by Hong Dao
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Pausing to Reflect on Good Beginnings: a Timeline of Service to Oregon Lawyers
April 20, 2018The PLF is celebrating its 40th anniversary! The PLF began operations as the mandatory provider of primary malpractice coverage for Oregon lawyers July 1, 1978, though the Oregon State Bar Board of Governors created the Professional Liability Fund in 1977 under Oregon State Statute 9.080 and the approval of the OSB membership. View Post
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Back to Basics - Time Management Tips for Busy Lawyers
April 11, 2018Lawyers are busy. You are busy. When you hear expressions like “time management,” you probably think, “I don’t have time for that.” More accurately, you don’t have time for complex technology or complicated strategies that involve extra steps in your workflow. What you need are simple solutions that will help you organize your work and accomplish it without delay. We’re here to help. Read on for some straightforward suggestions to help you manage your time and complete your work. View Post
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Lawyers as Supervisors
March 23, 2018The old adage “I just want to practice law, not be a manager,” doesn’t fit with the business model of a law firm if you have staff. It benefits you and your clients if you put in the time to become a better manager and train your staff accordingly. View Post
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Data Hoarding: A Potential Risk for Law Firms - Part I
March 15, 2018It may come as no surprise that law firms routinely store huge amounts of client and administrative data in both electronic and paper format. Although lawyers are legally and ethically required to retain certain kinds of data, some data is retained unnecessarily. When you store data you aren’t required to keep or don’t need, it’s called data hoarding.
by Hong Dao
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5 Tips to Better Billing
February 23, 2018If your billing rate isn't matched by your collection rate, you may have a problem with your billing. Here are five tips that can help you send out bills that get paid promptly in full. View Post
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Managing Our Time, Managing Ourselves
February 09, 2018At the beginning of 2017, I wrote a blog post on using the 80/20 Pareto Principle to manage your time. I start this year with a similar post on time management. For this post, I turn to Habit 3 of Stephen Covey’s book, The 7 Habits of Highly Effective People, to help lawyers see time management from another perspective.
by Hong Dao
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Business Planning for Your Practice
January 26, 2018The new year is a great time to create or update a business plan for your law practice. Whether you are a recent graduate, a seasoned veteran, or just new to private practice, it is never too late to set goals and identify strategies to reach those goals. You might think you don’t have time to write a lengthy business plan. You might also wonder, would your practice even benefit from the planning process? The answer is a definite yes! View Post
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Is Microsoft Office 365 a Good Bet for 2018?
January 12, 2018Lawyers don't have the resources, time, or money to jump on the latest technology product or service for the mere sake of being an early adopter or follower of the crowd. We frequently only stop to consider the what and how and forget the why: does the product or service facilitate providing better legal services to the client in the most efficient manner? View Post
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Setting Achievable Goals for the New Year
January 03, 2018The concept of “New Year’s resolutions” may have a negative connotation for many of us. It is estimated that on average, New Year’s resolutions fail at a rate of close to 80%. The problem is that we create resolutions that are too vague, making them impossible to implement, track, and carry out long-term. They are merely declarations, with no actual substance or thought behind them. Thus why many of these resolutions quickly fall to the wayside. View Post
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Anatomy of a Ransomware Attack: One Firm’s Story
December 20, 2017Imagine you post an ad on craigslist to hire a legal assistant. Someone immediately responds by email and attaches a zip file. Believing the file contains the applicant’s resume and cover letter, you click on the attachment and download it to your server. Soon afterward, you can’t access any files on your computer. You have just been infected by ransomware.
by Hong Dao
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Responding to Requests for the Client File
December 04, 2017Lawyers routinely receive requests to share materials from the client file. Sometimes clients ask the lawyer directly, but other times the request comes from new counsel or third parties. Evaluating these requests requires you to consider who is entitled to the client file, as well as what documents and materials belong in the client file. Furthermore, you must also ask whether any limitations prevent you from releasing the complete contents of the client file. View Post
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Tips for Establishing and Maintaining an Organized Office
November 17, 2017According to a professional organizer based in New York City, the average person loses at least one hour per day because of disorganization. Disorganization can be particularly damaging to attorneys, who need to utilize their time efficiently in order to maintain their practice. Remember that it can be easy to organize your office, but the importance lies in maintaining the system longterm. View Post
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Don't Fall Prey to Spear Phishing
November 13, 2017You may have heard about the popular tax season IRS scam in which the targeted taxpayers were notified by email they were in serious trouble for tax fraud. The IRS scam is an example of spear phishing: the targeted attempt to steal information. View Post
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Understanding Security When Using Cloud Storage
October 20, 2017Lawyers increasingly rely on the cloud to store, share, and synchronize their client files. Many use Dropbox and Google Drive for this purpose. However, the use of these common cloud storage services presents some data security concerns.
by Hong Dao
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Copying and Pasting from a PDF
October 06, 2017As of August 1, 2017, Uniform Trial Court Rule (UTCR) 21.040(1) is amended to require that a document submitted electronically, whether as a PDF or PDF/A, must allow for copying and pasting text into another document, as much as practicable. The goal of the amendment is to conform the UTCR to the Oregon Rules of Appellate Procedure, which already require electronically filed documents to include the ability to copy and paste. View Post
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Avoiding Scams: Remain Vigilant
September 22, 2017Fraudsters continue to target lawyers, seeking access to client funds and personal information. Lawyers must be vigilant to protect clients against unauthorized access to funds and sensitive information held by the firm on behalf of the client. View Post
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Protect Your Practice against Disaster
September 08, 2017Oregon has had a devastating fire season this year, and it’s not over yet. Hundreds of firefighters are currently working hard to contain the Amber Creek Fire in the Columbia River Gorge while also fighting the Chetco Bar Fire, the WhiteWater Fire, and the High Cascade Complex. Let's not forget other natural disasters afflecting different parts of our country. This is a good reminder for lawyers to take steps to protect your practice and livelihood against disasters.
by Hong Dao
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New Lawyer Mentoring Program
August 25, 2017A batch of newly minted lawyers will be inducted into the bar this October. The Oregon State Bar New Lawyer Mentoring Program is a valuable resource for newly admitted members of the bar. As many lawyers have experienced, law school curriculums are often not geared toward preparing their graduates for the practice of law. Even with the advent of programs such as clinics and classes taught by practicing lawyers, new admittees often feel overwhelmed and unprepared. View Post
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Assessing and Remitting Abandoned Funds
August 11, 2017The safekeeping of property is a well-known responsibility of lawyers. Attorneys understand that we must take great care in holding and accounting for any money in our possession that belongs to clients or third parties. But what happens when a lawyer has kept a client’s money safe, and the client is nowhere to be found come time for distribution? Does the lawyer keep the money in trust indefinitely? Do the funds become the property of the law firm? View Post
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A Better Way to Store Your Closed Files
July 28, 2017The PLF gets frequent calls from lawyers asking about best practices for dealing with closed files. Traditionally, lawyers put their closed paper files in filing cabinets and store them in their office. When the cabinets are full, they move the files to a storage facility or the basement of the office building. The files stay there until destruction time, which is usually 10 years.
by Hong Dao
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Dealing with Deadlines
July 14, 2017We all have deadlines to contend with, including those imposed by our clients, by opposing counsel, by the court, and by statute. View Post
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Avoid Mistakes with This Simple Tool
June 30, 2017The medical profession uses it. Aviation uses it. Construction uses it. Even the culinary field uses it. It is the checklist. A checklist is a simple tool that can improve the effectiveness of performing complex tasks.
by Hong Dao
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Saving Text Messages
June 16, 2017Text messaging with your clients is a practice that requires thoughtful consideration. If you find yourself in a situation in which you want or need to save text messages, you have many options available, but there is no "one size fits all" solution. View Post
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Easy DIY Encryption for Emailing Documents
June 02, 2017There are many ways to encrypt email messages sent to clients or other parties. You can use email encryption software like Trustifi, Virtu, or TitanFile. You can also use secure client portals within practice management software to securely exchange documents with clients. Even Outlook Email allows you to send encrypted email messages using a digital ID.
by Hong Dao
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Passphrases: An Enhanced Level of Security
May 19, 2017We now live in a digital world. Many of our interactions occur online using computers, smartphones, and other mobile devices. This new reality requires passwords at multiple stages, whether to unlock our computer or smartphone or log in to a practice management software program or website. Here are some suggestions for creating and managing passwords while following proper security measures. View Post
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Safeguard Data with Two-Factor Authentication
May 05, 2017Two-factor authentication is becoming one of the most important methods for safeguarding data. You’ve been using it for years without thinking twice about it. Every time you use your ATM card together with your ATM password, you are using two-factor authentication to access your bank account at the ATM machine. View Post1494440588-14270.jpg)
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Unwanted Data: How to Properly Destroy Data in Hardware
April 21, 2017If you have old computers and other office equipment laying around in your law office or home, there is a good reason they are still with you and not in the dumpster. This article will discuss why you should be concerned about the data in your devices and the proper way to dispose of them.1493054686-17387.jpg)
by Hong Dao
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Communicating Effectively and Professionally
April 07, 2017The legal world is changing quickly on many fronts, most notably technology. The way we communicate is greatly impacted as a result. Unfortunately, it has also highlighted a divergence among different generations of attorneys, particularly regarding the most appropriate form of communication in different contexts. View Post
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Sharing Fees Outside Your Law Firm
March 24, 2017Lawyers often ask how to go about sharing legal fees with colleagues or entities outside their law firm. The answer depends on how you arrange the division, and with whom you intend to split the money. Lawyers who split fees as part of a referral arrangement must be careful to follow ethical guidelines, and to also take practical steps to avoid discipline or fee disputes with clients and colleagues. View Post
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Send Text Messages to Your Clients without Using Your Cell Phone
March 10, 2017Have you ever wanted to text an appointment reminder or a quick message to your clients without having to use your cell phone? There is an easy and free way to do this. It’s called Email-to-SMS Gateway.
by Hong Dao
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Inclement Weather Conditions and State Court Facilities
February 24, 2017This past winter has been difficult for many of us to handle, both personally and professionally. Whether it be your commute to and from work, your child’s school schedule, or ensuring sufficient food supply in the pantry, inclement weather conditions can be a stress-inducing phenomenon. It can be especially difficult for attorneys facing deadlines and court appearances if the weather situation does not permit safe travel to and from the court facility. View Post
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Considerations When Charging Fixed Fees
February 10, 2017Lawyers set fees for clients using a variety of arrangements. Charging a fixed fee, a set price for the services the lawyer provides, offers benefits to both you and the client. In addition, fixed fee agreements may reduce the possibility of fee disputes and increase the likelihood of carefully documenting the scope of representation. View Post
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Succession Planning: Developing a Reasonable Timeline and Identifying a Successor Attorney
February 02, 2017One of the biggest roadblocks to succession planning is not adopting a reasonable timeline. I like reverse planning: Start with the end goal and work your way back. I guarantee that you will be surprised at how many interim steps are necessary. View Post
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Managing Your Time and Practice Using the 80/20 Rule
January 20, 2017The responsibilities and tasks of being a lawyer can be overwhelming. Fortunately, a simple rule can help you manage your time and law practice by showing you where you should focus your efforts and resources. It’s called the 80/20 Rule or the Pareto Principle.
by Hong Dao
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IMPORTANT NOTICES
This material is provided for informational purposes only and does not establish, report, or create the standard of care for attorneys in Oregon, nor does it represent a complete analysis of the topics presented. Readers should conduct their own appropriate legal research. The information presented does not represent legal advice. This information may not be republished, sold, or used in any other form without the written consent of the Oregon State Bar Professional Liability Fund except that permission is granted for Oregon lawyers to use and modify these materials in their own practices.
© 2021 OSB Professional Liability Fund.