AUSTIN YOUNG LAWYERS ASSOCIATION
AYLA Is Here to Help The Personal Crisis Assistance Program Is One Call Away
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s your practice suffering because of a personal crisis? Are you enduring tough times but don’t know where to turn? The Personal Crisis Assistance Program is here to help in your time of need. PCAP was created in 1996 to support Austin-area attorneys who face an immediate need for temporary financial or practice assistance due to a personal crisis. The objective of this program, funded by the Austin Young Lawyers Association Foundation, is to serve as a protection for lawyers and their clients when personal emergencies harm a lawyer’s practice. PCAP is available to attorneys who work or reside in Travis County and who are eligible for regular membership in AYLA. PCAP includes two levels of
PCAP is available to attorneys who work or reside in Travis County and who are eligible for regular membership in AYLA. short-term assistance for lawyers in crisis: • FINANCIAL – PCAP provides limited grant funds of up to $1,500 to assist an attorney who is unable to fulfill certain practice-related financial obligations due to a personal crisis. • PRACTICE-RELATED – Attorney volunteers agree to handle professional matters
for the affected lawyer during the crisis. To apply confidentially for financial or practice assistance, please contact Debbie Kelly at 512-472-0279, x105 or by email at debbie@austinbar.org.
Regardless of how overwhelming the problem may seem, help is available. You have worked hard to build your career. PCAP is hereLAWYER to help you get back on AUSTIN L AL yourAfeet.
SPONSORED CONTENT 5 STEPS TO AVOID MALPRACTICE CLAIMS FOR PLAINTIFFS’ LAWYERS This content originally appeared on tlie.org and has been edited for Austin Lawyer. While none of us are infallible, malpractice claims can be avoided in most situations. Below are some of the most common ways that plaintiff’s attorneys can find themselves in hot water and how to steer clear of a legal malpractice claim. Read the full article on tlie.org. 1. PROPERLY CALENDAR EVERYTHING AND ACT WELL BEFORE DEADLINES Missed deadlines may be the most common source of malpractice claims. Don’t wait until the last minute to complete tasks and file documents. Calendaring errors are another common cause of malpractice claims. This may result from failing to enter a key deadline in the calendar system, simple (and easily avoidable) clerical errors, not using a back-up calendar, waiting until the last minute to file documents, or failing to check the work of your staff. 2. DOCUMENT WHO IS (AND WHO IS NOT) THE CLIENT Plaintiffs’ attorneys run the risk of a claim from non-clients by failing to properly document who is, in fact, the client. Use engagement letters and contracts. Specify who is and who isn’t the client. Many malpractice claims also stem from situations where an attorney has decided not to take a case but fails to send a letter documenting that fact. Any time you decline to represent a potential client, send a declination letter right away.
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3. REPRESENT ONE CLIENT PER LAWSUIT Another common way to face a malpractice claim is by representing more than one client in the same matter. One client may think you favored another client’s interest client. Or, if there are limited funds to recover in a personal injury claim, these injured parties could have conflicting interests. 4. RESIST THE URGE TO SUE YOUR CLIENT FOR FEES Of course, you should be paid for your work, but suing a client for fees is an invitation for a legal malpractice claim. More often than not, however, suits for fees are not worth the risk. Keep in mind that a legal malpractice claim is a compulsory counterclaim to an attorney’s suit for fees. When initiating a suit for fees, the client will scrutinize your work to identify any possible mistake to support a claim for malpractice. 5. MANAGE CLIENT EXPECTATIONS Never guarantee a particular result in a case. Doing so could provide the basis for a breach of contract action, where the client does not need to hire an expert witness to establish the lawyer acted below the standard of care. Rather, the client could simply offer evidence that the attorney promised a particular result but failed to make good on that promise. Discuss potential issues that may arise in the case, and document it in writing. Ensure your standard retainer agreement includes a “no guarantee of success” provision.
