With the recent meltdown of financial institutions, some lawyers have been wondering whether and how client funds held in a lawyer’s IOLTA account are be covered by FDIC insurance in the event of a bank failure. In general, the rule has been that FDIC insurance covered $100,000 of any individual’s funds deposited in a single financial institution, regardless of how many accounts that $100,000 was spread over, including the portion of the individual’s funds that are in the lawyer’s trust account.
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Lawyerist.com: This post is privileged and confidential
But you started reading it anyway.
We’re all so inundated with disclaimers and license agreements at every turn that we barely flinch anymore when we see the words “privileged and confidential” or worse, long paragraphs in small fonts portending doom for the unwitting recipient of a misdirected e-mail or the surfer of law firm websites. Disclaimers seem to have spread like a consensual virus – a lawyer sees another lawyer using a disclaimer, figures it must be a good idea, and includes it in his or her own materials.
Lawyerist.com: “Send me a postcard, drop me a line . . .”
The following is a fictionalized account of a conversation between the plaintiff’s attorneys in Illinois Central Railroad Co. v. Broussard, No. 2007-CA-01010-COA (Miss.Ct. App. Sept. 30, 2008), as reported at 24 Lawyers’ Manual 535 (Oct. 15, 2008).
Associate: You know that asbestos case we filed a couple of weeks ago?
Lawyerist.com: Watch out for ethics bumps in flat fees
As alternative billing approaches go, flat fees have many fans. Clients like to know exactly what a particular legal service will cost and lawyers like to leverage experience they have gained in providing the same service to others. Sometimes a flat fee even lets a lawyer spend more time on a matter because there’s no concern that the client will feel the lawyer was trying to run up the bill by spending more time on legal research or clever drafting. Flat fees are also important for clients who are at a high risk of future nonpayment.
Lawyerist.com: Collecting fees in difficult economic times
With the stock market gyrating and the economy sinking, many lawyers are already starting to see clients fall behind on paying their bills. Here are a few ideas for managing fee collection through troubling times…
Lawyerist.com: X-treme networking in Second Life
Like you, I get many solicitations to join bar associations and sections and attend CLE seminars. County bar, state bar, ABA – one could easily make a full-time job out of bar activities. Now I’ve learned that there is a bar association that exists almost entirely in cyberspace: the Second Life Bar Association.
Second Life, as more thoroughly described in a California Lawyer article, is a virtual world (some would call it a game) in which you create an “avatar” for yourself with a unique name and looks you design and venture forth to chat with others, play games, create and sell virtual products, and heavens knows what else.
Lawyerist.com: Using reverse contingent fees for clients caught in the mortgage mess
One difficulty in representing clients who are “under water” on their mortgages is how the lawyer should get paid for his or her time negotiating a better deal for the client.
The client is heavily in debt, but if the lawyer shines, the client could save tens of thousands of dollars. In a listserve post this week, Professor Andrew Perlman asked: What if the lawyer was paid by taking a percentage of the money that the client saved through renegotiating the mortgage?
Lawyerist.com: A chicken in every pot, a scanner on every desk
You see them everywhere: heads bowed, thumbs flying, oblivious to the things they’re about to walk into. They’re people texting friends and family on their cell phones, the communication method du jour, favored by the under-30 set (although the rest of us are not immune).
Lawyerist.com: Texting clients – r u 4 real?
You see them everywhere: heads bowed, thumbs flying, oblivious to the things they’re about to walk into. They’re people texting friends and family on their cell phones, the communication method du jour, favored by the under-30 set (although the rest of us are not immune).
Lawyerist.com: Be careful who your friends are
At Sam Glover’s behest, I have been experimenting with social networking sites such as Linked In and Facebook. Both sites urge you to find your “friends” and “connections” so that you can expand your network and uncover untold riches (they really are untold).