Published Articles

OLR Complaints: Grievances on the Rise
October 2012
Grievances filed with the Office of Lawyer Regulation are rising. Knowing the practice areas and types of errors most often complained about can alert you to vulnerabilities in your practice so you can prevent mistakes and problems.
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Up In Smoke: Preparing a Disaster-Recovery Plan Before Disaster Strikes
July 2012
Billable time determines your income; nonbillable time determines your future. You cannot afford not to have a disaster-recovery plan. Take it from two of more than 12 attorneys whose office building recently went up in smoke.
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Aah, the Smell of Spring! 8 Ways to Freshen Up Your Risk-Management Procedures
March 2012
Jimmy the Groundhog predicts an early spring, which is a good time to open some windows and take a fresh look at your risk-management procedures.
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Scammers Still Targeting Lawyers
September 2011
Wisconsin lawyers regularly receive email messages from prospective "clients" whose goal is only to trick the lawyers into transmitting funds to the message senders. Learn how to spot such messages so that you won't fall for this 21st-century fraud.
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Learn From Others' Mistakes
July 2011
In this malpractice-claims review, learn what common mistakes are being made - and how you can avoid them.
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10 Ways to Avoid Spending Your Deductible
May 2011
Here are 10 ways to manage your everyday risk-management strategies to avoid spending your legal-malpractice insurance deductible.
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Lawyers Managing Stress and Anxiety
March 2011
Stressors and the anxiety they can cause are an inevitable part of the practice of law. Wisconsin lawyers offer some tips for countering the pressures of practice: stop, think, ask for help, and take care of yourself...
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Refer with Caution
December 2010
Referring cases can be lucrative, and getting referrals can help your business as well, but be cautious when seeking a referral fee. By accepting a fee for the referral, you have accepted joint responsibility for the outcome of the case. Don't assume it's in good hands.
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Lawyers Can Get Scammed, Too
September 2010
Some lawyers have fallen victim to recent email scams. Don't be the next victim. Learn the warning signs of fraud, practice a healthy skepticism, and verify who you're dealing with. When in doubt, don't reply.
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Going Solo: What are the risks, challenges?
July 2010
More lawyers - both new and established - seem to be giving a try to going solo. If you're thinking about hanging out your own shingle, here are some issues to consider and resources for getting started.
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Seven Rules to Avoid Real Estate Malpractice
May 2010
Real estate practice generates more malpractice claims than most other areas of practice, second only to plaintiffs' personal injury work. Here are seven rules to help you spot - and avoid - potential problems in real estate work.
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10 Tips to Unbundle Legal Services
March 2010
Offering unbundled legal services can help attract clients who might be unable or unwilling to pay for legal services in tough economic times, but there are risks. Here are 10 best-practices tips when taking on limited scope representation.
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Beware of Raising Clients’ Expectations of Your Availability
December 2009
Just because technology makes it possible to communicate 24-7 doesn’t mean you should be available 24-7. Although it is important that lawyers be responsive to clients and keep them informed, it is equally important to set the ground rules for communicating early on to avoid giving clients unrealistic expectations.
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Afraid To Take Time Off?
September 2009
A good work-life balance can make you a better lawyer and less likely to make costly mistakes. Whether you are thinking about reducing your hours, working from home, taking sabbaticals, or just leaving work at the office on weekends, it may be worth making a change if it helps you do your job better and serve your clients more effectively.
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Should You Take On A Bankruptcy Case?
July 2009
Make sure you know what you’re doing before you expand your practice by taking on a bankruptcy case – or any other matter outside your usual practice area.
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Be a Choosy Lawyer
May 2009
Client selection is even more important during an economic downturn, especially for solo practitioners and lawyers with small practices who might feel pressure to ignore the risk and accept a client or case outside their practice area.
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Using Office Staff Effectively
March 2009
Good lawyers know they need excellent employees to help with administrative procedures and timely client communications, thereby reducing the risk of malpractice claims and increasing satisfaction in your successful practice.
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Effect of Economy on Malpractice Claims
December 2008
According to a recent ABA study, the economy affects malpractice claims. Not only does the frequency of malpractice claims go up as the economy goes down but also different practice areas are more vulnerable to claims than others.
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Avoiding Common Malpractice Mistakes
September 2008
Some of the most frequently made mistakes leading to malpractice claims are also the most preventable.
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Avoiding the Dangers of Metadata
June 2008
Not paying attention to metadata in electronic files can cause embarrassment and serious damage to your practice and reputation. You must keep confidential information confidential. Here's why.
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The Art of Client Selection
March 2008
Turning down cases isn't easy, but sometimes it's necessary. Here are some things to think about when deciding whether to represent a potential client or accept a particular legal matter.
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Blogging in Today's Electronic Age
December 2007
Blogging may be a useful communication tool for law firms, but if you blog, proceed with caution, because you risk creating an attorney-client relationship and giving legal advice - both no-nos in this electronic age.
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Risky Practice Areas
March 2007
Some practice areas by their nature generate more disciplinary grievances and malpractice insurance claims than others. If you practice in plaintiffs' personal injury, real estate, family, estate planning, or criminal law, make sure you're not making common mistakes that increase your risk exposure even more.
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Breaking Up is Hard to Do
December 2006
Before your lawfirm breaks up, protect your clients' interests and protect yourself from potential malpractice claims by establishing some practical procedures.
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Managing Your Practice Finances
September 2006
Actively managing your finances strengthens your practice and helps to make you a better lawyer. Well-managed practices experience fewer malpractice and ethics-related claims, and a well-run practice improves client satisfaction.
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Preparing a Disaster Recover Plan
June 2006
We witnessed the devastation from Hurricanes Katrina and Rita, and more recently, Wilma. We don’t worry much about hurricanes in Wisconsin, but the most recent destruction from Mother Nature makes it clear that disaster can strike at any time. Some disasters simply cannot be anticipated.
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Personal Injury Lawyers Beware
December 2005
Personal injury practice gives rise to the greatest number of legal malpractice claims, especially document errors and claims that the PI lawyer failed to perform due diligence in seeking all insurance policies that could benefit a client.
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Beware Suing for Unpaid Fees
November 2005
Suing for unpaid fees can backfire into a malpractice counterclaim, affect your liability insurance, cost you time and peace of mind, and just plain generate bad will. Avoid fee disputes in the first place by using good billing and practice methods. Here's how.
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Retired But Still Liable
December 2004
This final column in the series "Taking Down the Shingle" addresses the professional liability of retired lawyers whose names remain on the firm letterhead.
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Sole Practitioners Need Written Contingency Plan
August 2004
Everyone is counting on you. What if something happens? Find out how sole practitioners can create a safety net for their practices. This column is the second in a series, "Taking Down the Shingle," that addresses liability issues related to interruptions in law practice.
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Handle Personal Injury Practice with Care
April 2004
Handle personal injury practice with care.
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Act Quickly to Recover Damaged Records
June 2003
Learn how to protect, recover, and restore vital records in this second of a series of columns about records management and disaster recovery.
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Notary Public Title Incurs Responsibility
June 2002
Take this true-false quiz to test your knowledge as a notary public.
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