Archive for September, 2011

Choosing A Medical Malpractice Law Firm

September 20th, 2011

What is a medical malpractice law firm?

A New York medical malpractice law firm is one in which its lawyers focus on the needs of clients who have experienced injury, illness, or death due to wrongful action or inaction at the hands of the medical practitioners to whom they have entrusted their care.

The majority of practitioners prove their competence every day, working diligently and ethically in the care of their patients. Even so Doctors continue to harm patients through malpractice. That small percentage adds up to enough negligence cases that we and other law firms have made medical practice litigation a primary focal point.

How does a medical malpractice lawyer build a case?

Medical malpractice is a departure and deviation from standard acceptable medical care. To bring a medical malpractice lawsuit against a health care professional, your lawyer must generally prove four things-

  1. The hospital or medical practitioner owed you a duty to provide competent medical services pursuant of recognized care standards, because you were their patient
  2. The hospital or medical practitioner breached this by deviating from those accepted standards of medical care
  3. The hospital staff’s or medical practitioner’s negligence caused your injury
  4. You or your loved one sustained injury and damage as a result of the medical malpractice

What is the plaintiff’s role in a malpractice claim?

  • Financial: Filing a claim through most malpractice attorneys does not require any legal fees up front. Their legal fee is contingent upon success and is paid only if money damage is received from a case
  • Evidence: Your lawyer will want to see any video or photos you may have showing your injury or condition, if visible.
  • Records: Copies of medical records and prescriptions are often faster to get, and in a more complete package, when the patient requests the records, rather than the attorney.
  • Depositions: Your attorney will likely need your participation in a witness deposition and in providing a list of others who may be able to provide value as a witness.
  • Findings: If you have secured any independent findings or have already registered a formal complaint against the medical caregiver and have their findings from the facility administrator’s investigation, show these to your lawyer. » Read more: Choosing A Medical Malpractice Law Firm

Starting a Law Firm – The Billable Hour

September 20th, 2011

Starting a law firm is all about marketing, getting good, paying clients, and generating regular cash flow. Creating regular cash flow means that an attorney must practice the art of the art of the billable hour.

Though many attorneys are familiar with the billable hour, many law students may not understand the significance of the billable hour coming out of law school. The concept of the billable hour is simple: an attorney bills a client for the time spent on their case. But, what is time spent? Also, what is reasonable time spent? Is it simply when you think about the client’s case? Should an attorney consider the type of client and their ability to pay?

One reasonable interpretation of the billable hour is actual time spent on a file when an attorney’s time could be spent on something else or on a different file. This maybe obvious, but the failure to keep track of time spent on a file means lost money for a solo attorney. Lost money means no billing and lost cash flow. Not billing time can be the difference between a law firm making it and a law firm closing down.

Attorneys often spent time on things like meeting with a client, drafting documents, telephone calls, court hearings, preparing for a hearing, researching a client issue, and a variety of other tasks. When the attorney spends time on these things, he or she should keep a written record of all time spent on the file. For example, if an attorney spends one hour on a motion, and the attorney bills at a rate of two-hundred dollars ($200.00) an hour, he or she will make a written time entry on the attorney’s time-keeping software. If the attorney spends more time on the case, he or she will continue to enter written time records. Typically, at the end of a month, the attorney will send the client a bill showing the total time spent and how much it costs.

This billing arrangement is much like that of any kind of professional who is hired by the hour. However, attorneys are often working on cases over a long period of time. When starting and building a law firm, an attorney must always remember to keep track of their time. This is where good billing software is a must for opening up a law practice. Proper invoicing can make or break the firms regular cash flow. Also, many attorneys who graduate from law school and pass the bar exam may not realize that courts will often be asked to scrutinize the reasonableness of a bill. This is where proper time entry becomes extremely important. When starting a Law Firm, an attorney must always be cognizant of the billable hour in order for his or her practice to survive.

Seven Reasons Why Law Firm Diversity Intiatives Fail

September 20th, 2011

Many law firms understand the importance of building a diverse workforce. The changing demographics within the United States have signaled to firms that diversity is an important goal that will affect the firm’s viability and ultimately the bottom line.

In response, many firms have launched diversity recruitment efforts designed to bring more women and attorneys of color into the firm. The problem has been that within a few years of being hired attorneys that qualify as “diverse” leave the firm in search of more inclusive, diverse and culturally competent work environments. Below are some critical reasons why attempts at creating diversity have failed.

  1. Lack of Commitment at the top: In order for diversity initiatives to succeed, there must be vigorous support for it at the senior level of the firm or organization. Partners are the change agents of the firm. Committees formed to address issues of diversity, recruitment, retention and cultural competence must be lead by key leaders within the firm.
  2. Failure to assess the firm’s environment: Assessment is critical in helping to create and implement an effective diversity initiative plan. It’s critically important to understand an organization’s level of development before launching a diversity or cultural competence initiative. Firms must be prepared to assess their hiring practices, overall culture, interpersonal relationships, views about diversity and promotion practices
  3. Over emphasis on recruitment and hiring: Relying on recruitment as a primary means of creating diversity will prove to be an ineffective strategy. Instead, recruitment is simply an initial step in the overall process. Firms must ensure that their work environment can support a diverse staff. Next, firm-wide, culturally effective systems and practices must be implemented in order to prevent excessive attrition among women and attorney’s of color. Retention and development of a strong and diverse pool of attorneys depends upon the firm’s ability to create a work environment that values and leverages difference, mentors cross culturally and consistently measures and monitors the progress and development of all attorneys.
  4. Failure to include diversity objectives in the organization’s strategic plan: Many firms fail to include diversity goals into the firms overall vision and plan for growth and development. Organizational change is a process and in order to successfully reach objectives related to diversity, goals must be included in the firm’s strategic plan. Firms successful in building a diverse workforce have implemented specific strategies in the areas of hiring, retention, professional development, communication, promotion, mentoring etc.
  5. Lack of understanding of diversity phases: Many firms fail to view the creation of a diverse organization as a developmental process. Diversity and cultural competence develops along a continuum. In the early stages of the process, firms need to define diversity, identify problems and opportunities, provide education and awareness, and develop a leadership plan along with the business case for diversity, a clear vision and well defined goals. Finally firms must understand that building a diverse and inclusive work environment is an ongoing effort.
  6. Ignoring the importance of training and development: Cultural competence and diversity training with a focus on building awareness and alliances vs. “blaming and shaming” is critical to creating a productive, diverse and inclusive workforce. Staff must have the opportunity to explore current views and misconceptions around issues of inclusiveness, race, gender, sexual orientation, religion and individuals with physical challenges. Failing to link training and development with firm-wide diversity objectives will result in the firm’s inability to build an inclusive and diverse organization.
  7. Cultural Incompetence: Many firms communicate a desire to build an inclusive and diverse work environment yet they still place a high value on “sameness”. Whether consciously or subconsciously this value for sameness is communicated to others in the firm. Instead, firms need to develop a high level of cultural competency. » Read more: Seven Reasons Why Law Firm Diversity Intiatives Fail