Practice Tips

  • Malpractice Avoidance: Professional Judgment

    With regard to what comes in between taking a case and resolving it, the lawyer is usually protected from malpractice claims by the “judgment call” rule. Most mistakes lawyers make in the area of discovery, trial preparation and trial are not the sort of thing that make for viable malpractice cases. Most can be explained on the basis that the lawyer exercised professional judgment (in taking or not taking a deposition, calling or not calling a witness, etc.).   Read More...

  • Malpractice Avoidance: Mistakes Settling Claims

    After missed time deadlines (statutes of limitation, notice deadlines, etc.) and overlooking coverage and failing to make a claim against an insurance policy or other source of recovery, the source of malpractice next in frequency of claims is mistakes in settling claims. Usually, it is making partial settlements of claims and thereby screwing up claims you meant to pursue. From: “Malpractice Avoidance in Tort and Insurance Cases,” CLE presented to the Oklahoma Association for Justice.   Read More...

  • Malpractice Avoidance: Missed Deadlines

    Oddly enough, most malpractice claims in a litigation practice come at the beginning and the end of the case. The largest single cause of litigation malpractice claims is missed time deadlines (statutes of limitation, notice deadlines, etc.). Not far behind that is overlooking coverage and failing to make a claim against an insurance policy or other source of recovery.   Read More...

  • Send Clients Everything

    We do something simple that helps keep clients happy: We send clients copies of everything that comes in or goes out of our office about the client’s matter. We have an office procedure that sends a copy of everything we generate in our office about the case to the client. That alone will save a lot of complaints and claims.   Read More...

  • Keep Clients Informed

    There are some things we all know we need to do to avoid malpractice claims and bar complaints: Handle our business well and keep clients informed. Take or promptly return phone calls. I’ve found the surest way to end up with an angry client is to not return the client’s calls thinking “I really don’t have anything to report to them.” That’s a mistake.   Read More...

  • Malpractice Avoidance

    There are a lot of alligators out there, in the form of potential legal malpractice. When they bite any of us, all of our malpractice premiums go up and our public image goes down. In more than 50 years of a tort and insurance practice, I’ve made a lot of mistakes. I’ve seen a lot of other people make other mistakes.   Read More...

  • Medicare Jumps into the 21st Century: Medicare Secondary Payer Recovery Portal (MSPRP)

    Account Set-Up and Activity by Michal Lusk and Rex Travis, copyright 2013 Medicare’s new online Secondary Payer Recovery Portal provides a fresh way for attorneys to work with Medicare for clients. The portal allows attorneys and staff to access cases, easily submit documents including Proof of Representation and Consent to Release, request conditional payment updates or copies of letters, dispute unrelated charges, and submit notices of settlement online, without the extra hassle of the pr...  Read More...

  • Tip of the Week #15

    Don't forget to check your corporate defendant's website for useful tidbits--proper names, description of business practices and goals for use in pleadings and discovery, etc.  Also, check out Archive.org for archived outdated versions of websites.  Read More...
  • Tip of the Week #14

    Do not release the primary tort-feasor. If you release the person primarily liable and proceed against one secondarily liable, you may end up liable. Barsh v. Mullins, 1959 OK 2, 338 P.2d 845. The release of the employee releases the employer, as a matter of law.

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  • Tip of the Week #13

    Make sure your clients know not to post information about their case on MySpace, Facebook, or similar websites. They should also make these sites "private" so as not to provide fodder for Defense attorneys who can and do check these sites for information to use against your clients.
      Read More...
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