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A Special Report: The Litigation Tidal Wave (6 of 6)

Ride out the litigation tidal wave with tools and resources from practicePRO


Once all of the statistical analyses and real time anecdotal evidence is digested it becomes clear that litigators must embrace change in a proactive manner - quickly, practically, and effectively. A challenge, yes; insurmountable, no.

Listed below you will find eight basic strategies that reinforce how simple making change can be. Listed with each are accessible, inexpensive and often free tools and resources to help you implement these strategies. Some are tools we have built ourselves, others we recommend from the Law Society or other CLE providers.

But all are available at LPIC's risk and change management program, practicePRO, on LPIC's website at www.lpic.ca.

Read on and discover just how simple making change can be.

Boning Up on the Rules of Professional Conduct

Many lawyers forget about the Rules once they start to practice. A reminder of the many duties imposed on officers of the court is one way to bring some civility back into practice, tame the growing aggression between counsel, and better serve clients' interests.

Visit: http://www.lsuc.on.ca/services/RulesProfCondpage_en.shtml

Tackling Some Age-Old Problems


Managing Lawyer/Client Relationships

  • Managing the Lawyer/Client Relationship Booklet

    Clients come to you with a set of expectations at the start of your relationship. Meeting them is your challenge and the key to a solid client relationship. As you move through the many stages of your relationship, you have the opportunity to discuss and reset, if necessary, those expectations. This booklet provides a brief discussion of the many stages - client/case screening, non-engagement, engagement and disengagement - along with comprehensive checklists for working through these stages.

    To download a copy, visit http://www.practicePRO.ca/practice/lawyerclient.asp

    To order a copy, visit http://www.lpic.ca/order_books _videos/default.asp

  • Managing Conflict of Interest Situations Booklet

    Client expectations also underlie a number of conflict of interest situations. Knowing how to spot and manage a conflict, either at the start of a relationship or mid-way through is crucial to relationship management. This booklet provides practical guidance on how to avoid as well as manage situations that turn into conflict of interest situations.

    To download a copy, visit http://www.practicePRO.ca/practice/conflicts.asp

    To order a copy, visit http://www.lpic.ca/order_books _videos/default.asp

  • online COACHING CENTRE

    Client expectations are best understood and managed by using a well-developed set of soft skills - listening, guidance, flexibility, caring, initiative, planning, and dealing with procrastination as well as stress.

    The online COACHING CENTRE (OCC) is an online, module-based program that offers skills enhancement in these areas.

    The OCC is organized into six workshop topics - powerful communications, stress management, practice management (read leadership and team-building), business development, overcoming procrastination and emotional intelligence. The 150 bite-sized modules which make up the OCC take about 10 - 15 minutes each to complete; each serves as a mentor to help you enhance skills involved in building and maintaining relationships with clients, colleagues and adversaries.

    To access the online COACHING CENTRE, visit http://www.practicePRO.ca/occ/default.asp

    For an introductory presentation for your firm, send an e-mail to practicepro@lpic.ca


Keeping Up to Date with the Trends

LPIC News
Distributed quarterly both online and in print, LPIC News offers regular updates on practice issues and trends, and on tools and resources.

Visit http://www.lpic.ca/news/LPIC_news.asp

Danger Zone
Tips on practice habits that can result in litigation claims and how to avoid them, including Suing Your Client for Fees; Acting for Family and Friends; Speaking to the Media; Acting As Director for a Client Corporation.

Visit http://www.practicePRO.ca/information/danger.asp

Casebook
LPIC's analysis of the leading cases and legal updates concerning legal professional liability issues.

Visit http://www.practicePRO.ca/information/lpic.asp

Techno Info
A gateway to online resources that help you manage the burgeoning information overload and the faster pace of practice.

Visit http://www.practicePRO.ca/information/techno.asp

Presentations
Developed for law firms and law associations to develop awareness of trends and discuss many practice issues, including how to manage client relationships, conflicts, use of technology in practice, coaching and wellness.

To book a presentation, send an e-mail to practicepro@lpic.ca


Knowing Your Insurance Policy

Today, exposure to claims and the related need for liability insurance is simply a reality of practice. You are urged to spend some time familiarizing yourself with your insurance policy and the various options available to better protect yourself against any personal financial exposure for claims. Consider also:
  • Excess Insurance Coverage for claims that might turn out to be bigger than you think;
  • Innocent Party Coverage/Buy-up to protect you from what you don't know about your partners, past and present;
  • Run-off Insurance Coverage to protect you when you leave private practice or retire.

Keeping Up with the Law Through CLE

A number of organizations provide continuing legal education programs throughout Ontario. In addition to the commercial providers, consider the offerings of the following organizations, all of which can be accessed by visiting http://www.practicePRO.ca/education/continuing.asp or the CLE Calendar at http://www.practicePRO.ca/education/default.asp.
  • Law Society of Upper Canada CLE
  • Canadian Bar Association-Ontario CLE and Section Meetings
  • Advocates' Society CLE
  • Ontario Centre for Advocacy Training
  • County and District Law Association Events

Mentoring

Seeking out a mentor to bounce ideas around with or get an independent and practised viewpoint on matters of substantive law, practice management or just dealing with people is important. Mentoring helps maintain peace of mind and perspective.

If you do not have a relationship with a more experienced lawyer in your office or in the broader legal community, develop one. If you need some help, join an association and start meeting people.

As well, consider the following resources:

  • Lawyer-to-Lawyer Network at the CBAO
    A volunteer mentoring program for members of the Canadian Bar Association-Ontario, the Lawyer-to-Lawyer Network seeks lawyers interested in having a mentor or becoming one. For more information, call the CBAO's membership department at 1-800-668-8900.

  • Advisory Services at the Law Society
    The Advisory Services Department of the Law Society, formerly called Practice Advisory, does offer limited mentoring support by volunteer practitioners engaged in private practice. Once you have consulted with Advisory Services, they will determine whether it is appropriate to refer you to one of the volunteer mentors. For consultation with Advisory Services, call (416) 947-3369 or 1-800-668-7380.

Taking Care of Yourself

Resilience is the key to successful law practice today. This means taking care of your mind, your body, and your soul. So, take a break.
  • Interact with family and friends - talk and listen.
  • Take up a hobby, sport, or instrument - play a little.
  • Volunteer in your community - do it with a buddy.
  • Go on a holiday - even if it is a day off in town.
  • Seek out professional help for stress, depression and addictions - these problems only get bigger when they are ignored.

    Visit the practicePRO Wellness section at http://www.practicePRO.ca/wellness/default.asp


Key DatesMore

April 30, 2010
Real estate and civil litigation transaction levies and forms are due for the quarter ended March 31, 2010.

 

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