ethics and practice management
DESCRIPTION
How a practice management system can help you meet your ethical obligations.TRANSCRIPT
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How a case management system can help you practice ethically and competently
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History with the LSBC
• Assembled a small firm task-force to examine issues and forces contributing to frequent breaches of Professional Conduct Rules (PCR)
• Identified that pervasive under-adoption of available practice/case management tools were a frequent contributor to PCR related breaches and complaints
• Sought to reduce incidences of malpractice and ethical misconduct by proactively searching for a turnkey solution which could be enlisted to assist their membership
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Case Management 101
Files/Matters
Clients/Contacts
Tasks/Reminders Documents
Bills/Reports
Time Tracking
All lawyers need to manage:
A good system integrates these functions seamlessly
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The ContendersMany excellent traditional systems are available:
Great for robust, feature-rich and desktop integrated case management
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The ContendersWeb-based newcomers also provide compelling solutions
Great for ease-of-use, accessibility, passive information security and redundancy
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Ethics & Case Management
“(Case management) helps you avoid malpractice claims/conflicts”
David Bilinsky, LLB – Practice Management Advisor, LSBC
“A good case management system makes it easy to practice ethically and stay out of trouble.”
Kensi Gounden, LLB – Manager of Practice Standards, LSBC
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Ethics & Case Management
Case Management systems aid in the ethical practice of law in the following ways:
1. Tracking and keeping critical appointments with a complete calendaring system
– Keeping engagements with clients
– Ensuring punctuality and maintenance of professional commitments
– Avoiding scheduling conflicts and overlap
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Ethics & Case Management
Case Management systems aid in the ethical practice of law in the following ways:
2. Diarizing important deadlines using a date sensitive “To Do” list or bring-forward system
– Provides reminder system to prevent passage of deadline without engaging in required steps or follow-up
– Reminds the attorney when and how often to update the client regarding important events or developments
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Ethics & Case Management
Case Management systems aid in the ethical practice of law in the following ways:
3. Facilitates timely follow-up and correspondence with clients using integrated message management
– Identifies and assigns client correspondence (emails, letters & telephone messages) for response within a reasonable timeframe
– Ensures that client inquiries are not forgotten or left unattended
– Permits integrated archiving of important matter/client correspondence for future reference
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Ethics & Case Management
Case Management systems aid in the ethical practice of law in the following ways:
4. Maintaining accurate records and documentation regarding case events and progression
– Enables complete and accurate reporting to client on details of case and event chronology
– Allows attorney to fulfill requirement to provide candid advice and information on matter position
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Ethics & Case Management
Case Management systems aid in the ethical practice of law in the following ways:
5. Avoid conflicts of interest with integrated and comprehensive practice search capacity
– Mitigates risk from information “siloing”
– Enables attorney to pledge undivided loyalty in good conscience
– Identify and avoid conflicts before they happen
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Ethics & Case Management
Case Management systems aid in the ethical practice of law in the following ways:
6. Maintain accurate records of time and disbursements to avoid unnecessary and unseemly wrangling over fees
– Time tracking system keeps an accurate history of time accrual including dates, amounts and work completed
– Expense and disbursement tracking enables attorneys to document and justify any out-of-pocket expenses or additional costs of services incurred
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Ethics & Case Management
Case Management systems aid in the ethical practice of law in the following ways:
7. Enables accurate recording and reporting of client moneys or Trust property using a system of ledgers
– Fulfills jurisdictional Trust reporting requirements– Prevents inextricable co-mingling of client or attorney
funds– Permits viewing of client ledger indicating balances for
trust funds, pre-payments, retainers and unearned fees– Prohibits negative client balances
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Ethics & Case Management
Case Management systems aid in the ethical practice of law in the following ways:
8. Ensure the privacy and safekeeping of a client’s confidential information
– Guards client data against passive & active information compromise
– Takes reasonable measures to protect against catastrophic data loss using information storage best practices
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Ethics of the Web
Data Availability & Redundancy
• Performing secured backups of data at regular intervals (ideally at least once per day)
• Ensuring geographical distribution of backup data through simple off-site storage or otherwise
• Involving third-party data escrow providers in the long-term, independent protection of data
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Ethics of the Web
Improved Data SecurityData communications are encrypted with 128 or 256-bit bank-grade SSL encryption
Daily security audits performed by trusted authorities in data integrity
Adherence to strict privacy guidelines and best-practices
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Ethics of the Web
Data Availability & Redundancy
• Performing secured backups of data at regular intervals (ideally at least once per day)
• Ensuring geographical distribution of backup data through simple off-site storage or otherwise
• Involving third-party data escrow providers in the long-term, independent protection of data
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Other Advantages
Provides Freedom and Mobility
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Other Advantages
High degree of accessibility and platform neutrality
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Other AdvantagesManages documents, knowledge assets and
other intellectual property
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Other AdvantagesAllows monitoring of practice health and
reporting of critical information
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Other Advantages
Provides a simple ROI proposition
• Saves time spent on non-billable, or other administrative tasks
• Saves money by mitigating administrative overhead, and (in some cases) entitling you to reductions in practice insurance premiums
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• A good case management system should just work – don’t find yourself regretting your purchase, or on the IT support treadmill
• Find one that makes sense in the context of your practice workflow and level of technical sophistication – request a free trial before committing
Finally…
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Thank You