5. A total of 16.63 percent of malpractice claims [for
2008] resulted from the firm not knowing or not
properly responding to the court calendar:
•7.09 percent were for failure to know/ascertain
a deadline
•5.19 percent were for failure to calendar
properly
•4.35 percent were for failure to react to the
calendar
ABA Profile of Legal Malpractice Claims 2009
16. Step 1: Define Purpose
Step 2: Who’s the User?
Read-do
(before)
vs.
Do-Confirm
(after)
Step 3: Simplify but
sufficient detail
Step 4: One page!
Step 5: Coordinate with
calendar
Step 6: Give to clients (if
relevant)
Step 7: Re-evaluate
17. Step
Performance Date
Client Call to Office
Ask how client found the office
If interested, set meeting w/in X date
If just asking price, send email w/FAQ
Client Intake
Conflicts Check
If no conflict, send Client Retainer
If retainer not returned, call client
If no retainer by X date, send declination letter
If yes signed retainer, did payment clear?
If no, notice to client (and declination letter)
If yes, enter client in data base, prepare draft document
Client Review (one round)
Finalize documents
Is bill paid? (If no, begin process forpayment. If yes, send final
materials)
If unbundled (e.g., client files) send documents, instruction letter, end of
engagement letter and client survey
If full service, file documents, then send filed copies, end of engagement
letter and client survey
Send requests for testimonial
Start newsletter or holiday cards
Client Intake Process (Table)
18. What systems
do you have for
handling paper
or email
communication
s that come
through the
door….
24. Forms
Facilitates gathering
of routine information
needed to evaluate
or handle case
Staff can complete
forms
Client DIY* (ethics
caveats for initial
intake)
25. Templates
Form letters and
documents that can
be customized for
individual matters
Create templates for
each stage of a
matter
Word processing v.
Hotdocs or
automation
