The attorney-client privilege is one of the more complicated yet most respected areas of legal practice and covers oral and written communications to, from or with an attorney for the purpose of requesting or receiving legal advice. The attorney-client privilege protects certain communications from disclosure to third parties. To qualify for this protection, these communications must be confidential, between an attorney and client, and made for the purpose of obtaining or providing legal advice. The communication is not privileged if these three elements are not met. The overall purpose of this privilege is to encourage open dialogue and sharing of information to obtain legal advice without fear of disclosure to unintended parties.
Encrypting at rest defends against accidental disclosure. Most state data breach notification laws provide an exception to breach notification for encrypted information provided the key is not also compromised. In addition to encryption, also consider proper access controls and logging procedures.
It’s helpful to ask lawyers to use a specific system, such as your legal practice management software, to conduct reviews electronically. This helps speed up the process and leaves less room for error; you can even use automation software.
The limited scope attorney and the client agree to define the attorney’s involvement in their case. Unbundled legal services can vary greatly, depending upon the agreed-upon task (s), in both litigation and transactional matters. Examples might include evaluating a case or transaction, providing limited litigation or transactional guidance, or suggesting court documents or transactional documents to be prepared.
Billing is critical to the success of your law firm. And yet, for many law firms, billing clients and chasing down payments can still be one of the most time-consuming, repetitive, and dreaded parts of the job.
LEDES, or Legal Electronic Data Exchange Standard, is a standard format for electronic legal billing that uses specific format guidelines. It makes it easier for large organizations to handle large amounts of files and data, and assess invoices, as all they will all be coded in the same format.
To save your law firm valuable time and money, having a clear, standardized law firm billing policy in place is essential. It gives lawyers and staff something to refer to and keeps everyone in sync.
When it comes to ethics and billing, clarity is key. Rule 1.5 of the ABA Model Rules of Professional Conduct states that a lawyer may not collect an “unreasonable fee” or an “unreasonable amount for expenses.” The ABA provides eight factors to consider when determining whether a fee is reasonable, including fees charged for similar legal services, the reputation of the lawyer, and any time constraints.
If you’re able to accurately scope the amount of work required for certain types of cases, flat fees can be an excellent approach to billing. They create clarity on costs up-front, and are a form of value-based billing—meaning that you bill based on the value you provide to your client, rather than commodifying your time.
A best practice is a technique or methodology that, through experience and research, has proven to reliably lead to a desired result. Best practices include processes and activities that have been shown in practice to be the most effective. A commitment to using best practices in any field is a commitment to using all the knowledge and technology at one's disposal to ensure success. The term is used frequently in the fields of health care, government administration, law enforcement, social services, mental health, the education system, technology, and elsewhere.
Definition: Appropriate steps are taken by organizations to ensure the security of their physical program location and structure, and for the individual safety of clients, staff, volunteers, board members, etc.
At the core of every best practice is a victim-centered approach to services that is accessible and appropriate for every crime victim seeking assistance. Being victim-centered must be the overarching philosophy guiding the work, and the key element that informs decision-making by organizations. When services are victim-centered, they are specific, appropriate, culturally and physically accessible, and driven by the needs of individuals impacted by crime and violence. These individuals include primary and secondary victims as well as broader communities affected by crime.
Cultural proficiency is the ability to work with individuals or communities whose culture is different from one’s own or from the dominant culture of the agency. It is the knowledge that culture impacts an individual’s perspective – how they view the world and others, how they relate to others, and how they perceive themselves. Cultural proficiency includes: respecting differences; relating to individuals as individuals (with an awareness of the influence of culture); genuine commitment to serve the individual’s needs; and commitment to continuously learning about cultural differences, the cultures of others, and how culture influences each of us and our work together.
OJP understands culture to mean “A set of learned values, attitudes, rituals and practices held in common by a group of people, usually identified by history, language and traditions.” Broadly defined, culture includes groups identified by race/ethnicity, gender and gender identity, sexual orientation, age, physical and/or cognitive ability, social class, economic status, education, marital status, geography, family structure, religious affiliation/spirituality, and residency without regard to immigration status. An individual’s definition of who they are culturally is complex and multi-layered and cannot be assumed by others. Cultural awareness is the understanding that culture impacts an individual’s perspective and their experience of victimization. Cultural relevance puts cultural knowledge and skill into action, making an individual victim service program relevant to the victims it serves.
Bias is defined as partiality (conscious or unconscious); an opinion, feeling or influence that strongly favors a “side” or “view.” Bias can be favorable or unfavorable. Bias is embedded in all cultures and everyone has personal biases. A commitment to cultural proficiency includes a commitment to raising awareness of personal biases that are barriers to effective service and acting to minimize or eliminate those biases in working with victims.
Victim service providers are, and are perceived by the victims they serve, as professionals that are there to help. For providers to be effective, they need to establish a safe and trusting relationship between themselves and those they serve. A power differential exists because the provider is in a position to help and the person seeking services is someone whose experiences have made him/her vulnerable. Professional boundaries define appropriate interaction and are the established limits that allow for safe and respectful connections. Boundaries exist to protect both the provider and the person being served. In residential programs especially, where privacy is less available, boundary issues are increased and require greater definition. Professional boundaries are included in an organization’s code of ethics.
10.1 Prior to the hearing, the lawyer shall advise the Court whether it is appropriate for the child to meet the Judge.
15.1 If the lawyer wishes to call any person as a witness, the lawyer must ensure, prior to the hearing that the proposed witness knows of the hearing and is available. Nothing in this paragraph shall excuse the lawyer from complying with Rule 48(1) (evidence by affidavit) and Rule 52D (restrictions on steps to be taken after notice of hearing date given in non COCA cases) of the Family Courts Rules 2002.
school can be an important source of information for lawyers for children involved in cases relating to the care of children (guardianship, day-to-day care, contact, and care and protection matters).
5.1 The lawyer is to provide independent representation and advice to the child in a manner that the lawyer considers promotes the welfare and best interests of the child.
As a courtesy counsel who have involved the school in interviews and the like should take responsibility for advising the school, so far as is practicable and desirable, of the outcome of any proceeding. This would include advice of any special conditions which might affect the right of one or other parent to information about their children, or to visit the school.
Principals have a statutory responsibility to advise parents of their child’s progress at school and any difficulties they are experiencing. Parents have a legal entitlement to receive copies of school reports in respect of their child. However, a parent’s right to this information is not absolute.
Counsel appointed to act for the child may speak to his or her client at any place including a school. The consent of the parents to such a meeting is not necessary. In the case of pre-school or primary school children, as a matter of courtesy the parents should be advised. If the parents refuse to agree to the child being interviewed the lawyer for child should consider seeking directions from a Judge.