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Malpractice insurance should be affordable for everyone

President Obama said yesterday that "If you want health care, you should be able to get affordable insurance."

This should be the same for malpractice insurance. If bar associations want lawyers to have malpractice insurance, they should provide affordable opportunities for lawyers.

Why don’t our bar leaders see this? Is it that they’re not walking in the shoes of their members?

My wife made an interesting observation:  Pass an insurance health care bill that gives Americans the same health care that they receive. After all, don’t they work for us? Why should they have better health care than they’re willing to provide us? Hmmm. President Obama said as much yesterday in his news conference. Our leaders aren’t listening.


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Take time for R & R

The last month has been a bit rough.

We buried my sister-in-law in Oak Grove, MO, just outside of KC.

On returning home, my son-in-law went to the hospital with a heart attack. It was mild an he’s doing fine now. He’s eager to get back on his bike.

My brother-in-law had chest pains and went to the hospital with chest pains, announcing that he would die in the same hospital as his wife just did. He’s physcially fine but in deep depression over the loss of his wife of more than 50 years.

And last Friday, while I was out of town, flying to a conference, my wife went to the hospital with chest pains. She, too, is now fine; all the tests proved negative. Doctor’s prescription: R & R.

So, we’re taking a few days in our just delivered Airstream trailer, or as my wife calls it, her "cocoon." Thanks for your good wishes and support.

Funny, Paula changed our food regimen about 4, 5 weeks ago … we’re now vegan/vegetarian … no meat, chicken or dairy … seemed like that would have been impossible … but she’s cooking up a storm and I haven’t eaten so well, ever! My mother, who in her youth was vegetarian (my father was meat and potatoes, and occasional tomatoes as his only vegetable), would be turning over in her grave if she were able to see how well I’m eating now. Paula has lost weight already, probably about 10 pounds though we don’t know for sure because she doesn’t know her starting point … and I’ve lost about 6-7 pounds … without losing energy (and I’m faster on my bike) or strength …

I’ve asserted that there is no "balance" in life; at any given moment, we are focused on one activity or thought. But, we live one life and we must think holistically, taking time each day or each week, to rest and take care of ourselves. We are living in very stressful time with tremendous economic pressure. Without our health, we have little. Paraphrasing the commercial, please take care of yourself. I’d like you to come back here to read more.


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Selling your law practice

One of the objectives in creating LawBiz® Forum was to provide an alternative method of buying and selling a law practice. There is no opporunities broker of whom I’m aware that focuses on law practices. Some lawyers prefer to save their cash, not engage an expert in advance, but yet want an outlet to sell their practice on their own. Sort of like selling your house on your own. Some can do this while others prefer to continue practicing law without the distractions of dealing directly with prospective buyers. Now, there is an option open … see LawBiz® Forum and join the segment on buying and selling a law practice … and best wishes.


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Record Management

https://youtube.com/watch?v=nRC40MPRtQI%26hl%3Den%26fs%3D1%26color1%3D0x2b405b%26color2%3D0x6b8ab6%26border%3D1


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Choosing between food and rent

In a conversation today with a client of mine, he presented me with an interesting dilemma. He is a sole practitioner with two associates. They both acknowledged that they were down to 50% capacity.

His dilemma now:  What is his best choice?

1.  Fire one of the two lawyers

2.  Take work from his desk and transfer it to them … this would give him more time to market the firm or more leisure for himself, but it wouldn’t immediately increase the firm revenue

3.  Have the two associates begin to focus more on practice development efforts that are within their comfort zone to take up the slack time and hopefully succeed in additional revenue

What are your thoughts? Are there other options you can suggest?

He would like to keep both associates fully occupied. But, if he can’t, it’s like choosing between food and rent. You need both but can’t afford to pay full boat to do so.


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Are high student loans equal to unfitness to be a lawyer?

In the case of Robert Bowman, New York judges overruled the Bar’s entrance committee. He lacks the requisite character and fitness to be a lawyer, according to the judges, because of his extensive student loans accumulated over 26 years of study. He will not be granted the license to practice law.

Because of a very tough youth and at least two major accidents that required extensive rehabilitation, his education was extended … and during that time, Mr. Bowman accumulated somewhere between $270,000 and $400,000 in student loans. He admits to not paying any of it back … yet.  He needs a job to do so. He’s passed the bar and been deemed to be morally fit and of good character by the entrance committee.  Oh, yes, except for the student loans he’s not repaid or even paid down. (A side question might be, who made such loans, and why? But, I digress.)

As with a number of our politicians of recent note, I find it both interesting and disturbing when small-minded (yes, I know, this is a moral characterization) people sit in judgment on others on issues of this nature. Mr. Bowman apparently faced incredible physical odds in his life, not of his own making, and overcame them. But, in the process, he needed financial help.

I guess it was just bad timing for Mr. Bowman. Because had he accumulated this debt after he were licensed, and then went into bankruptcy, there would be nothing said about his character fitness. Before today, I had not experienced lawyers going into bankruptcy. Today, that is no longer an uncommon occurrence.  In fact, bankruptcy is an approved strategy to avoid debt payment, used by a number of large law firms, including the Heller Ehrmann firm recently … to avoid payment of the firm’s lease obligations … and therefore protecting the financial interests of their equity partners who might otherwise be exposed to collection efforts. I have difficulty understanding why the lawyers of Heller are morally fit to practice law, owing millions of dollars, and Mr. Bowman is unfit because of a few hundred thousand dollars.

Oh, and how about some of the lawyers in our community who give the profession a bad name by virtue of the way they practice, and the scams they pull on their clients … and theft from client trust accounts that result in slaps on the hand or temporary suspensions?  No, that seems to be o.k., but somehow, Mr. Bowman’s case is different.

Perhaps moral integrity and character fitness should be grounds at least every five years for investigating every lawyer who renews his/her license. After all, don’t we do that when we renew our driver’s license?

 

 


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