laptop - texas bar practice

Encryption Basics for Lawyers

Encryption Basics for Lawyers×Print PDF version Of This HOW TO GUIDE. Introduction Electronic communications and “cloud” based computing continues to expand for lawyers. We are also using more tablets, smart phones, jump drives, and other portable devices in our practice. As such, a basic understanding of encrypted communications and data storage is critical for attorneys attempting to protect their clients’ confidential information in cyberspace. This pamphlet is designed to provide a basic understanding of encryption technologies available for use in a law practice. This is a starting place only, and you should evaluate in more detail which encryption and security requirements best fit your law practice. What Is Encryption? Encryption is the process of making readable text or data unreadable, usually for storage on a hard drive or for sending through a network from one computer to another computer. To make the information readable, one must know the decryption “key” (usually a password). When proper encryption is in place, the client’s computer files are unreadable without using the key and any transfers of information about the client can only be read by those who know the key. (Think of the encryption as a lock and the key as, well, the …

laptop - texas bar practice

Prepare a Needs Analysis for Technology

How to Prepare a Needs Analysis for TechnologyIntroduction The world of office automation is constantly expanding. It would be senseless to think that anyone could make an effective decision regarding technology, without a carefully thought out analysis of need. Following is a list of questions to ask yourself in the process of determining what fits your practice needs best. Checklist  Download PDF Which functions are automated now – which additional functions do we wish to automate? Are existing pieces of equipment mutually compatible? Does everyone in the office use the same software? Are our word processing procedures standardized? Is our billing system interfaced with accounting? Are the accounts payable checks computer generated – or prepared manually? Are we keeping track of client expenses, i.e.copies, fax, long distance, postage, etc.? Are we getting telephone messages delivered timely and accurately? Does the office get flooded with interoffice memoranda? Is the payroll prepared in house? Manually? Do the attorneys carry boxes to the court house? Do the paralegals spend hours preparing manual document index systems? How do we check for conflicts of interest? What type of calendering system do we use for docket control purposes? Conclusion  The answers to these questions need to …

maintaining - Texas Bar Practice

Establish Internal Controls

How to Establish Internal Controls×Print PDF version Of This HOW TO GUIDE. Introduction A law firm’s practice objectives are best met by implementing a good system of internal control procedures and policies. An internal control structure is a system of safeguarding the firm’s resources. It provides a way to collect, organize, record and report information that is needed for the efficient operation of your practice. There are several operating activities which require internal controls. Among them are: Practice Management, Production, Revenue, Expenditures, and Financial & Management Reporting. The firm management establishes practice objectives, which will be met by way of implementing internal control procedures and policies. Following are examples of internal control goals to be implemented in each of the above mentioned activities: Practice Management  New clients and/or new matters will be approved by management before acceptance. Contingent fee work will be evaluated and approved by management. Pro bono work will be reviewed and approved by management Written procedures to reduce the risk of a claim in performing legal work will be communicated to all firm personnel. Billing rates and terms as well as client credit limits will be set by management and communicated to clients and staff. Non-standard rates or …

maintaining - Texas Bar Practice

Document Client Expenses and Attorney’s Fees

How to Document Client Expenses and Attorney’s Fees×Print PDF version Of This HOW TO GUIDE. Introduction In order to accurately account to your client, you should keep track of client expenditures, your fees charged and fees paid. There are very few, if any, courses in law school that teach you to keep track of time and client expenses. Gathering information for billing purposes is, however, important to the survival of a law firm. It is imperative that effective systems are in place to make sure that all expenses and fees are documented. Time Keeping Tips Everyone in the firm should be taught to consistently keep time records. Regardless of how you set your rates—even in flat fee cases–you should still keep up with your time and your firm’s work on each case. Many reasons exist for this, the least of which is so that you can document later to your client (or to the State Bar Grievance Committee) if the client ever complains that you did not “do anything” on his/her case. Even if your cases are contingency fee based, the Courts may require an accounting and/or justification of client costs and attorney’s fees. If you have a system in …

growing - Texas Bar Practice

Implement Law Office Marketing Strategies

How to Implement Law Office Marketing Strategies×Print PDF version Of This HOW TO GUIDE. Law office marketing plan The purpose of a law office marketing plan is to help identify and cultivate your client base by implementing strategies to rouse interest in your services. This checklist is designed with the intent to assist attorneys in the objective of implementing and recording the progress of marketing their practice. All of the strategies should be evaluated with the goal of getting word out about you and your service to current and potential clients. To what extent any of the following can help you achieve your marketing efforts will vary according to practice area and individual application of strategies listed. Start by reviewing your current marketing plan and adjust your overall business plan accordingly. Make certain your marketing efforts do not conflict with current advertising rules or rules of Professional Conduct. Strategies Complete the following sentences then highlight the strategies below that meet your goals. As you accomplish each goal every month, write down the date in the column to the right. Periodically review and adjust your goals to meet changes in your practice. To date my marketing plan involves…  My goals from …

Conflicts of Interest

June 16, 2020Conflicts of InterestShare this PostWhat is a conflict of interest, and why is everyone so worried about it? Licensed lawyers are given some very special powers. When we become attorneys, we become officers of the courts of the state granting the license and of the courts affirmatively admitting us to their respective bars pursuant to that license (e.g., federal courts). The law license allows us to represent (usually “for pay”) the property rights and legal interests of others while we, in essence, are allowed to stand aloof from the embattlement of interests. Not that attorneys do not become viscerally, laboriously, and even emotionally, engaged in the tug-of-war between the actual adversaries, but, as the late Sam Passman once said to a young associate: “Always remember, they’re not talking about your money.” In exchange for this professional immunity from the struggles our clients and their adversaries endure, society demands of all attorneys, through well-settled rules, certain minimum standards of conduct. The expectations of society are: that the relationship between an attorney and client be one of complete trust and openness (fostered by the attorney-client privilege that attaches to communications between the two) and that the attorney not create circumstances that suggest a weakness …

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Become an Employer

How to Become an Employer×Print PDF version Of This HOW TO GUIDE. By Penny RobeIntroduction It’s no mystery why many sole practitioners insist on doing everything themselves. Your business’ survival depends on hiring the right people. Finding the best employees can be tricky, and without the right systems in place to meet employment laws, the hiring process can even have disastrous consequences. Consider the following items to help you navigate the hiring process that you as an employer will be responsible for. Employer Identification Number  One of the first steps necessary for employers is to obtain an Employer Identification Number, also known as a federal tax identification number, which is used to identify a business entity. You can apply for a number by filling out IRS Form SS-4 or download at www.irs.gov. Employment Eligibility Verification  As an employer you are required to have on file an Employee Eligibility Verification I-9 Form for every employee. These must be completed within three business days of hiring an employee. The Bureau of Citizenship and Immigration Services (BCIS), formerly known as the Immigration and Naturalization Service (INS), has the forms available by calling 800-375-5283 or downloading them at http://www.uscis.gov. Reference Checks  As an employer you should …

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Evaluate Your Office Leasing Needs

How to Evaluate Your Office Leasing Needs×Print PDF version Of This HOW TO GUIDE. Introduction Leasing smart is an intregal part of your practice being on the Road to Success! Office space is often the second largest operating expense of most law firms today. If that is your case, perhaps it is time to renegotiate or find lease space more in line with the needs of your firm. Plan for the future. Make sure your lease takes into consideration your firm’s future needs. While taking our suggestions into consideration, please keep in mind that leasing requirements for each firm will vary. Helpful Lease Terms  Following are definitions of some commonly used lease terms. These definitions are meant to give you some foundation for evaluating a lease. Actual Rent is comprised of net rent plus operating expenses, and real estate taxes assessed on the building. Net Rent is the actual amount paid for the space. Operating Expense is the cost of operating the building. Be sure and set the operating expense high enough to prevent substantial increases in future years of the lease. Real Estate Taxes should be based on a fully occupied building and representative of other comparable buildings in the locality. Net Cost is the same as …

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Write and Implement a Law Office Business Plan

How to Write and Implement a Law Office Business Plan×Print PDF version Of This HOW TO GUIDE. The purpose of business planning is to establish a common focus for action. This is done by: Clarifying goals Establishing measures of results Assessing resource distribution needs Unifying the firm to commit to a course of action Following are the most important steps to take in preparing to write your business plan: Get the Process Organized Why do it? What is it? Who will do what? Evaluation of the planning process Evaluate Your Competitiveness Who are our existing clients? What is our fee history? Are we using outside services? Are we recognizing opportunities for cross-selling? How much do we really collect? What are we capable of? What are our internal resources? Who are our competitors? What is our market? Why are they our competitors (experience, price, speed, etc.)? How do they affect our clients? What do we do for their clients? What is our technology situation? What type of systems do we use? What can we use our systems for? Do we need to upgrade? Are there any trends developing which may affect our clients – changing laws, economy, etc. Are there any …