Vermont Bar Journal, Vol. 40, No. 2 Vermont Bar Journal, Winter 2017, Vol. 43, No. 4 | Page 30
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standing “good clients.” More often than
not, this is due to a level of comfort that has
developed with longstanding clients. Be
careful because too much comfort can cloud
one’s perception of what needs to be doc-
umented. Understand that problem clients
are not the only clients who sue. Take what-
ever time is necessary to thoroughly docu-
ment all files throughout the course of rep-
resentation. The peace of mind that follows
will be much better than the feeling of regret
for not having done so should a claim ever
arise, particularly one brought by a long-
term good client.
This comfort trap also arises in another
situation you should keep in mind. Put sim-
ply, never forget that you don’t get a pass
when doing a legal favor for a friend or fam-
ily member. Treat this matter the same as you
would if you were going to charge a paying
client for the same work. Deadlines need to
be calendared, conflict checks need to occur,
phone calls need to be documented, etc.
Friends and family do sue when things don’t
turn out the way they expected; and when
they do, if you happen to have no documen-
tation of the advice given and the decision-
making process, you’re about to learn a hard
lesson just like the lawyer in our story above
did.
____________________
ALPS Risk Manager Mark Bassingth-
waighte, Esq. has conducted over 1,000 law
firm risk management assessment visits, pre-
THE VERMONT BAR JOURNAL • WINTER 2017
sented numerous continuing legal education
seminars throughout the United States, and
written extensively on risk management and
technology. Check out Mark’s recent semi-
nars to assist you with your solo practice by
visiting our on-demand CLE library at alps.
inreachce.com. Mark can be contacted at:
[email protected].
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