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Documenting Client Communications: The Good, The Bad And The Ugly

ALAS

    Speaking Engagements
  • May 9, 2022

Monday, May 9, 2022 -Raleigh Office -12:00 pm -1:30 pm 
Tuesday, May 10, 2022 -Charlotte Office -12:00 pm -1:30 pm 
Wednesday, May 11, 2022-Columbia Office -12:00 pm -1:30 pm 
Thursday, May 12, 2022 -Atlanta Office -12:00 pm -1:30 pm 
Live Zoom Webinar for all Offices -Thursday, May 19, 2022 12:00 pm -1:30 pm 


Program Description and Timed Agenda 
Summary: This 90-minute program addresses the importance of documenting communications with clients, colleagues, and adversaries (Model Rules of Professional Conduct Rules 1.1, 1.3, 1 .4, 1.6, and 5 .1 ). Through a series of vignettes, this program shows lawyers how to document correctly by exploring the problems that arise when lawyers exchange nasty comments about clients, fail to document key strategic decisions, send mea culpa letters, respond to clients with shoot-from-the-hip emails, or otherwise draft sloppy or imprudent messages. The program also explores good engagement and closing letters, generally discusses good client communications skills, and provides advice for reacting to problems when they occur. 
 

  1. Understanding the Risk (15 minutes - Ethics)
  1. Malpractice Risk/Claims Data
  2. Relevant Ethics Rules (Model Rules of Professional Conduct Rules 1.1, 1.3, 1.4, 1.6, and 5.1)

  1. Common Documentation Problems (70 minutes - Ethics)
  1. Engagement Letters
  2. Snarky Emails & Texts
  3. Provocative Emails about Your Clients' Deals
  4. Auto-Fill and Reply All Emails
  5. Off-the-Cuff "Opinion" Emails
  6. The Unsent "Business Advice" Email
  7. The "Missing" Email about Client's Rejection of Advice
  8. Ambiguous or Missing Status Emails
  9. The Mea Culpa Email
  10. Overly Optimistic Predictions of Success
  11. Engagement Closing Letters

  1. Reacting to Problems & Questions (5 minutes - Ethics)