Excluding information from a conflicts report? What are you thinking??? The knowledge gained by an attorney, having represented a former client even 20 years ago, doesn't go away. That intimate knowledge about a former client is what makes a conflict check crucial to any attorney's practice, even when just the appearance of a conflict can jeopardize the case, or if the client doesn't like the outcome, an invitation to a malpractice suit. Whatever information was gained at that time is still relevant to whether or not a conflict would exist if your attorney were to take a case opposing that former client even today. The idea of "filtering" old client names is an invitation to big trouble, in my opinion.
If you find that you are getting too many "hits" on your conflict searches, maybe it's time to rethink how you code your entries? How about rethinking what information you place in your database? Can you get by with creating a database of only client names? How about moving up to a more sophisticated conflict reporting system that can give you the relevant information you need? There are certainly better solutions out there than dropping off old client names. In the end, it is still the attorney's decision about whether or not a conflict exists that determines whether the firm takes a new matter or not - but I would prefer to give him/her as much information as possible so that the decision is fully informed.
I've worked in law firms for over 20 years, and there is nothing that is taken more seriously in my department than our responsibility to create a complete and accurate conflict database, or run the conflict reports before our attorneys even touch a new case. My 2 cents...
Laura A. Steinberg
Epsten Grinnell & Howell APC
San Diego, CA 92131
<http://www.epsten.com/>
This message contains information which may be confidential and/or legally privileged. Unless you are the addressee, or authorized to receive e-mail for the addressee, you may not use, copy or disclose to anyone this message or any information contained in this message or any attachment. If you have received this message in error, please advise the sender by reply e-mail, delete the message and any attachments, and destroy all hard copies of same. Thank you.
________________________________
From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Taylor, Scott
Sent: Wednesday, May 27, 2009 7:40 AM
To: Private Law Libraries SIS LegalRec
Subject: [pll-legalrec-sis] Excluding Aged Closed Client Matters from Conflict Report
We are working on a policy for running conflict searches that would exclude closed matters in our conflict report. Wanted to know if your firm applies a filter to exclude aged closed client matters and if so, what length of time do you apply to your filter. We are considering to exclude all matters that have been closed five years to reduce the number of hits produced on our searches.
Thanks for your help! Scott
<http://mm1.lettermark.net/smithgambrellrussell/card/OIPC_3.map>
[http://mm1.lettermark.net/smithgambrellrussell/card/OIPC_3.gif]
--To unsubscribe from 'pll-legalrec-sis'--->unsubscribe<mailto:[log in to unmask]>
IRS Circular 230 Disclosure:
To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
Confidentiality Notice
This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message.
List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask] for assistance
To unsubscribe from this list, click the below link. If not already present, place UNSUBSCRIBE RECMGMT-L or UNSUB RECMGMT-L in the body of the message.
mailto:[log in to unmask]
|
