28 th Judicial District Bar Professionalism For New Admittees Program

Transcription

1 28 th Judicial District Bar Professionalism For New Admittees Program Thursday, October 2, 2014 (Law Office Management Section) Starnes Conference Room, Van Winkle Law Office 11 N. Market Street, Asheville, NC 9 10:20 am James Ellis, Stone & Christy, PA (80 minutes) I. Organization of Law Office a. Budgeting b. File management i. Portable devices and media c. Docket control and case management d. Conflicts detection i. Rules 1.7, 1.8, 1.9, 1.10 e. Training and supervision of employees i. Rules 5.1, 5.2, 5.3 f. Advertising and marketing i. Rules 7.1, 7.2, 7.3, 7.4, 7.5 g. Forms and their use h. Office accounting i. Finding a mentor j. Resources of the State Bar and other organizations 10:40 12 Ronald Payne of Long, Parker, Warren, Anderson & Payne, PA (80 minutes) II. Attorney Client Relationship a. Creation and termination i. Choosing clients ii. Decision-making and allocation of authority b. Engagement letters c. Fees and fee agreements; billing i. Rule 1.5 ii. State Bar Fee Dispute Resolution iii. When fees must be refunded d. Duties of diligence and communication i. Rules 1.1, 1.3, 1.4 ii. Tickler systems iii. Phone message systems iv. Client copies e. The Attorney-Client Privilege i. Inadvertent waiver by client when using ii. Waiver by lawyer and failure to claw back upon discovery

2 12 1 Lunch (Dismissed for lunch) 1 2:20 James Kilbourne of Dungan, Kilbourne & Stahl, PA (80 minutes) III. Technology a. Assembling the infrastructure of a law practice i. Overview of the technology necessary to build a law office support system ii. Resources for defining, acquiring, installing and integrating technology b. Preview of technology s impact on ethical responsibilities i. Confidentiality 1. Rule Communications: , Twitter, cell phones 3. Information storage: cloud computing 4. Photocopies and photocopiers 5. Metadata 6. Portable devices and media 7. Unsecure wireless networks/public computers/malware 8. Working in public spaces (e.g., airports, trains, restaurants) ii. Social Media 1. Ethical and professional requirements when marketing a law practice 2. Ethical and professional requirements when communicating with clients and 3 rd parties iii. Conflicts control 1. Rules 1.7, 1.8, 1.9, 1.10 iv. Risk of spoliation of evidence v. Trust accounting 2:30 3:30 pm Peter Bolac, Trust Accounting Counsel of NC State Bar (60 minutes) IV. Trust Accounting Rules a. Rule 1.15 b. Record keeping i. Software c. What is deposited in trust account vs. operating account d. Supervision of personnel handling trust account e. Personal injury settlements f. Real estate transactions g. Service as escrow agent h. Random audit program i. IOLTA 3:45-5 pm Brian Oten, Deputy Counsel, NC State Bar (75 minutes) VI. Overview of North Carolina State Bar a. Regulatory framework Chapter 84 of the General Statutes and State Bar rules. b. Obligations of membership

3 i. Dues ii. CLE iii. Reporting misconduct 1. Rule 8.3 iv. Responding to inquiries of State Bar c. Ethics and Grievance Committees i. Process and Results ii. Statistics on most frequent grievances d. State Bar programs and committees including: i. LAP ii. IOLTA iii. CLE iv. Legal Specialization v. Client Security Fund vi. Fee Dispute Resolution vii. Authorized Practice Committee viii. Administrative Committee (Total Day minutes) Friday, October 3, :00 Robynn Moraites, Lawyers Assistance Program of NC State Bar (60 minutes) I. Work/Life Balance a. Substance abuse/mental health v. Lawyers Assistance Program vi. Statistics on lawyers vii. Relation to professional discipline b. Secured leave policy c. Setting boundaries (e.g., cell phone and access) with clients and the office to preserve personal time 10:15 11:30 Leah Broker, Broker & Hamrick, PA (75 minutes) II. Professionalism a. Basic concept i. Core Values ii. Citizen-lawyer model iii. CJCP iv. Professionalism Support Initiative b. Pro Bono and public service i. Local and state bar associations; committee service c. Cases and State Bar opinions on unprofessional conduct d. Professionalism checklist i. Importance of good reputation 1. Your word is your bond 2. Cannot succeed if you are not trusted 3. 5 year rule: the case won t be remembered in 5 years but you will still be practicing with your fellow lawyers 4. Projecting a professional demeanor on social media

4 ii. Respect for all 1. Dispute belongs to the client not the lawyer iii. Treat each client as most important in office iv. Personal Conflicts 1. Borrowing money from clients 2. Accepting gifts/giving gifts to clients v. Admit lack of knowledge and seek help vi. Courtesy and Relationship Skills 1. Collegial and courteous relationships with other lawyers, courthouse personnel, administrative assistants, paralegals 2. Relationship skills for working with other lawyers, staff, and clients 11:30 12:00 Lunch (order from Roman s Deli, delivered to site) 12:00 1:00 Jim Barrett, Pisgah Legal Services (60 minutes) Importance of Pro bono service with Mountain Area Volunteer Lawyers Q & A with Pisgah Legal Services Staff 1:00 1:30 Sharon Barrett, Special Superior Court Judge (30 minutes) e. Dealing with the Courts viii. Courtroom decorum ix. Rule 11 x. Local rules of court 1:30 2:30 The Honorable Martin Reidinger, United States District Court, Western NC District (60 minutes) Professionalism and a Litigator s Public Relationships a. A Lawyer s Relationship with his Colleagues 1. Honesty 2. Respect 3. Seeking Mentoring b. A Lawyer s Relationship with the Courts 1. Courtroom decorum 2. Being Prepared 3. Honesty and Candor 4. Avoiding Frivolous Positions 5. Avoiding Untenable Positions 6. Avoiding the Waste of Time c. A Lawyer s Relationship to the Public 1. Advertising 2. Social Media

5 2:30 3:30 Panel Professionalism & Mentoring (60 minutes) Douglas J. Tate of McGuire, Wood & Bissette LeAnn Melton, 28 th JDB Public Defender Roy Davis, Van Winkle Law Firm Howard Gum of Gum, Hillier & McCroskey, PA, & State Bar Councilor for 28thJDB Mentoring and Role Models -Importance of seeking guidance from senior lawyers -How to be a good mentee 4 5 Swearing-in at Buncombe County Courthouse (Total Day minutes)