|
Risk Management
The practice of law is stressful. Incorporating sound management
procedures into you everyday routine from the time you first begin the
practice of law – before the bad habits are learned – is one
of the most important ways you can control the level of stress that
comes with the occupation. Sound risk management practices can
dramatically decrease the possibility of the preventable malpractice
claim or grievance.
The
Code of Professional Responsibility[“Code”]
provides a framework upon which an effective risk management program may
be based. The Code is broken down into three components: the
Canon, the Ethical Considerations and the Disciplinary. The Code is
broken into three components:
The Canon– A Canon is a simple statement of
the goals to which all attorneys aspire
The Ethical Considerations– An Ethical
Consideration contains specific examples to which an attorney may turn
for guidance in a particular situation
The Disciplinary Rules [“Rules”]–
A Disciplinary Rule contains the mandatory minimum standards of conduct
against which each attorney is measured. n attorney will be
disciplined if their conduct is found lacking under the Rules. Only the
Rules are codified in the New York Code of Rules and Regulations.
Risk
Management – Professional Liability Insurance
Competency in Area of Practice
Mandatory CLE, effective 1998: MCLE is required for all
attorneys. Click here to view a PDF
of mandatory requirements. This sheet should be circulated throughout the law firm every
six months.
Conflicts of Interest
Maintenance
of Conflict Procedures by Marion C. Rice, Esq.(PDF)
The
Association of the Bar of the City of New York– Formal Opinion
2003-03(PDF)
Sample
New Matter Intake form (PDF)
Client Relations
Choosing
the client carefully(PDF)
Clients
expectations[DR 6-101;7-101;& 7-102;9-101] (PDF)
Informative
and truthful communications[DR 1-101] (PDF)
Statement
of Clients Rights and Responsibilities;[22 N.Y.C.R.R.1210.1]
Importance
of the clear, unambiguous written letter of engagement [22
N.Y.C.R.R.&1215](PDF)
Sample
engagement letter (PDF)
Sample
disengagement letter(PDF)
Escrow
Account Requirements(PDF)
Withdrawal
from Employment[DR 2-110] (PDF)
|
