A Simple Step A Month for Better Practice, Client Service, and Ethics Compliance in 2025
Jeff Cunningham
Outside General Counsel for Law Firms | Ethics Advice, Legal Malpractice Defense & Holistic Law Firm Risk Management | I cram legal ethics into memes and movies
Now's the time for your law firm's New Year's Resolution! Take a simple, monthly approach to better practice, less stress:
January – Review Client Intake Procedures Simplify client intake by creating a checklist for conflict checks (Rule 1.7), clear fee agreements outlining scope and fees (Rule 1.5), and documented communication preferences (Rule 1.4). Standardize the process to ensure consistency, compliance, and effective client relationships.
February – Update Engagement Letters Ensure all engagement letters are standardized, clear, and include key terms like scope of representation, billing policies, and termination procedures. Standardized, clear engagement letters comply with Rule 1.5 (Fees) by defining fees and scope of representation and Rule 1.16 (Declining/Terminating Representation) by including termination procedures. They set client expectations, ensuring transparency and ethical compliance.
March – Conduct a File Audit Select a sample of active and closed files to review for proper documentation, deadlines, and compliance with retention policies. Reviewing files ensures compliance with Rule 1.1 (Competence) by checking work quality, Rule 1.3 (Diligence) by monitoring deadlines, and Rule 1.15 (Safekeeping Property) for trust-related records and Rule 5.1 (Supervision).
April – Train Staff on Communication Protocols Hold a short training on timely client updates, avoiding legal jargon, and handling difficult conversations with professionalism. Training on client updates aligns with Rule 1.4 (Communication), requiring prompt updates, clear explanations, and responsiveness. Emphasizing plain language and professionalism (Rule 5.2 Responsibilities of a Subordinate Lawyer) ensures clients understand their matters and builds trust, especially during difficult discussions.
May – Refresh Security Measures Review cybersecurity practices, update passwords, and ensure proper encryption and secure storage of client data. Reviewing cybersecurity aligns with Rule 1.6 (Confidentiality), requiring lawyers to safeguard client information. Updating passwords, encryption, and secure storage helps prevent breaches, ensuring compliance with ethical duties to protect sensitive client data. Physical security is also essential under Rule 1.6 to safeguard client information. Use locked file cabinets, restricted office access, and secure disposal methods for sensitive documents. Re-key all locks! Combine with cybersecurity measures to ensure comprehensive protection of client data.
June – Provide Ethics Refresher Training Host a brief ethics training on common pitfalls, such as confidentiality, conflicts of interest, and trust account management. An ethics training addresses key risks: Rule 1.6 (Confidentiality) for protecting client information, Rule 1.7-1.9 (Conflicts of Interest) for identifying and managing conflicts, and Rule 1.15 (Safekeeping Property) for trust account compliance. Regular training reinforces ethical practice.
***Just mention this article and I'll do it for you FREE of charge!***
领英推荐
July – Survey Clients on Service Quality Send a simple client feedback survey to assess satisfaction and identify areas for improvement. Client feedback aligns with Rule 1.4 (Communication), ensuring client concerns are heard and addressed. Surveys help assess satisfaction, highlight service gaps, and improve responsiveness, fostering trust and demonstrating commitment to ethical, client-centered practice. Consider leveraging client feedback into testimonials (which often have jurisdictional ethical considerations) to market your firm.
August – Evaluate Billing Practices Review billing policies to ensure transparency, fairness, and alignment with client expectations. Transparent billing aligns with Rule 1.5 (Fees), requiring reasonable fees and clear communication of billing terms. Regular reviews ensure fairness, prevent disputes, and align with client expectations, fostering trust and compliance with ethical standards.
September – Simplify Document Retention Policies Review and update document retention and destruction policies to ensure compliance with regulations and client needs. Updating document retention policies aligns with Rule 1.15 (Safekeeping Property) for client file security and Rule 1.16(d) (Terminating Representation) to ensure clients' access to files upon case conclusion. Compliance prevents data loss, ensures accessibility, and mitigates risks.
October – Hold a Risk Management Meeting Dedicate one meeting to identifying potential risks (e.g., missed deadlines, conflicts of interest) for your practice area(s) and brainstorm preventive measures. Risk reviews support Rule 1.1 (Competence) and Rule 1.3 (Diligence) by addressing missed deadlines and improving case management. Identifying conflicts aligns with Rules 1.7-1.9 (Conflicts of Interest). Proactive measures strengthen compliance and mitigate malpractice risks, Rule 5.1 (Supervision).
November – Offer a Client Education Session Host a free webinar or Q&A session for clients or prospective clients on a relevant legal topic to demonstrate expertise and build trust. Hosting an educational webinar aligns with Rule 7.1 (Communications Concerning a Lawyer’s Services) by providing truthful, educational information without misleading. It demonstrates competence under Rule 1.1 and builds client trust while adhering to ethical advertising standards. Good marketing IS good risk management.
December – Conduct a Year-End Compliance Review Review key compliance areas, such as trust account reconciliations, conflict checks, and file closures, to ensure all is in order for the new year. Year-end compliance reviews align with Rule 1.15 (Safekeeping Property) for trust account accuracy, Rules 1.7–1.9 (Conflicts of Interest) for proper conflict checks, and Rule 1.16(d) (Terminating Representation) to ensure timely file closures and client access to materials. The culmination of your annual review should be your next 12 month steps to better practice, less stress.
Each step focuses on small, manageable improvements that cumulatively reduce risk, enhance service, and support ethical practice.
Let's chat about better practice, less stress.