With more Tennessee attorneys – especially new lawyers – deciding to “hang out” their own shingle and begin a solo or small firm practice, the TBA has developed the Solo in a Box Toolkit. Each issue of E-DICT this year will spotlight one of the toolkit’s 12 sections. This month we look at the practice of law.

You have chosen your business entity, rented an office, set up your computer, obtained insurance and set a budget. You are now ready to begin the practice of law. Hurray! In the Practice of Law section, the Solo in a Box Toolkit looks at day-to-day operating issues. It also includes information for lawyers facing an ethical complaint or in need of services from the Tennessee Lawyers Assistance Program. Here is a brief overview of the section:

Case & Client Screening – It may be tempting to take all cases that walk in the door, but lawyers who fail to exercise discipline in the types of cases they accept may find they are not managing their law practice, but their law practice is managing them. The toolkit addresses such essentials as establishing case acceptance guidelines, provides tips for screening clients and analyzing cases, and includes a checklist of issues that should be covered with potential clients to establish realistic expectations.

Case Management & File Retention – The toolkit also includes best practices for keeping up with dates and deadlines, managing cases and conducting routine file reviews. In the “Tickler and Calendar Systems” section, the toolkit looks at the characteristics of good systems and how to use them. In the “Case Management” section it includes guidance for the physical and electronic set-up of client files, addressing such issues as standardized labeling, filing order, use of a check-out card when files are pulled, and a range of tips for protecting client confidentiality when handling files. Another lengthy section deals with when and how to turn files over to clients and how long to retain files once representation is complete. A detailed checklist for closing a file also is included.

Client Communication – The Board of Professional Responsibility reports that complaints about client communication (or the lack thereof) represent the highest percentage of all complaints and malpractice actions against lawyers. The toolkit outlines a number of general procedures that should be implemented to avoid client communication problems.

Conflicts of Interest – Most malpractice insurance carriers require that lawyers institute a conflict of interest system. The toolkit provides information on the most common areas of conflict that arise and the features of a good conflict system.

Ethics Complaints & TLAP – “I just received a notice of complaint from the Board of Professional Responsibility. What do I do?” According to the toolkit, the first answer is “Don’t panic.” Then contact your malpractice insurance carrier immediately, contact a reputable lawyer who regularly represents attorneys before the BPR, review Tennessee Supreme Court Rule 9 and the policies and procedures of the BPR, and most importantly do not ignore the notice! You must overcome your fear and respond; otherwise, you are putting your ability to practice law at serious risk. If things get bad, remember there is a free and confidential resource for Tennessee lawyers. The toolkit reviews what the Tennessee Lawyers Assistance Program (TLAP) can and cannot do, features testimonials from lawyers who have used the service and provides information on how to get help.

Disaster Preparedness – While this issue may not be on a new lawyer’s radar, some pre-planning for a disaster will serve the solo practioner well. The toolkit includes information for preparing a law office for, and responding to, a disaster. For developing a response plan, the toolkit offers a checklist of issues that should be addressed. These include provisions for employee safety, business and communication continuity, data backup and storage, and protection for documents and equipment. It also provides an extensive guide for those dealing with the aftermath of a disaster, including tips for conducting a damage assessment and a checklist of matters that should be addressed.

Learn more about all of these topics

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