the ethics of practice management

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Beverly Michaelis Sheila Blackford Dee Crocker The Ethics of Practice Management

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Page 1: The Ethics of Practice Management

Beverly Michaelis Sheila Blackford Dee Crocker

The Ethics of

Practice Management

Page 2: The Ethics of Practice Management

Trust Accounting

Beverly Michaelis, J.D.

Practice Management Advisor

Page 3: The Ethics of Practice Management

What is at Stake?

Page 4: The Ethics of Practice Management

6 Key Concepts

Protecting Client Money

Resources

Our Topics

Page 5: The Ethics of Practice Management

6 Key Concepts

Page 6: The Ethics of Practice Management

Concept #1

Unearned Money Belongs in Trust

1. Retainers

2. Settlement Proceeds

3. Overpayments

Page 7: The Ethics of Practice Management

Concept #2

Deposit Funds Promptly

Deposit Daily

Protect After Hours

Issue Receipts for Cash

Page 8: The Ethics of Practice Management

Concept #3

Don’t Spend What You Don’t Have

1. Funds Must Clear

2. Follow the 3-5-10 Rule

3. Be Wary of Check Scams

Page 9: The Ethics of Practice Management

Concept #4

Account to the Client

Page 10: The Ethics of Practice Management

Concept #5

Beware of Nonrefundable Fees

Put it in Writing

“Earned Upon Receipt”

Refund if Work not Done

Dishonest?

Page 11: The Ethics of Practice Management

Concept #6

Strict Liability Applies

Every lawyer shall certify annually

that the lawyer is in compliance with

Rule 1.15-1.

ORPC 1.15-2(m)

Page 12: The Ethics of Practice Management

Protecting Client Money

Page 13: The Ethics of Practice Management

To Catch a Thief

1. Endorse and Lockup

2. Protect Credit Card Numbers

3. Cancel Invoices

4. Supervise Staff

5. Learn More

Page 14: The Ethics of Practice Management

Resources

Page 15: The Ethics of Practice Management

• Ethics Opinions

• Bar Counsel Article Archive

• Ethics Advice

(503) 620-0222 or (800) 452-8260

www.osbar.org

Oregon State Bar

Page 16: The Ethics of Practice Management

Practice Aids

Books

CLEs

Practice Management Help

503-639-6911 or 800-452-1639

www.osbplf.org

Beverly Michaelis

Dee Crocker

Sheila Blackford

Page 17: The Ethics of Practice Management

Trust Accounting

for Solos

Page 18: The Ethics of Practice Management

Conclusion

1. Remember What is at Stake

2. Follow Proper Procedures

3. Call if you Need Help

Page 19: The Ethics of Practice Management
Page 20: The Ethics of Practice Management

How Will You Benefit?

1. Ethical Obligations Met

2. Finances in Order

3. Fewer Fee Disputes

4. No More Sleepless Nights