New Hampshire Bar Association
About the Bar
For Members
For the Public
Legal Links
Online Store
Vendor Directory
NH Bar Foundation
Judicial Branch

A confidential, independent resource for NH lawyers, judges and law students.

Visit the NH Bar Association's Lawyer Referral Service (LRS) website for information about how our trained staff can help you find an attorney who is right for you.
New Hampshire Bar Association
Lawyer Referral Service Law Related Education NHBA CLE NHBA Insurance Agency
Member Login
Member Portal

Risk Management Resources
E-Lawyering Creates Ethical and Legal Risks - Chubb Guide Helps Firms Mitigate Exposure
From describing their practices to offering legal advice over the Internet, e-lawyering has created new ethical and legal risks, according to underwriters at the Chubb Group of Insurance Companies.

In response, Chubb's new handbook, "A Lawyer's Guide to managing E-Lawyering Risks," explains how lawyers and law firms can use new technologies while mitigating the associated risks.  E-lawyering includes activities ranging from sending an email to a client to online chatting or negotiating with clients or other parties.  Some firms have even abandoned their bricks-and-mortar approach to become virtual law firms. 
Seven Steps to Better
Risk Management for Law Firms
Avoiding a legal malpractice claim is a matter of risk management and of practice management. Attorneys in private practice have a 4 percent to 17 percent chance of being sued each year, depending on their areas of practice, according to a recent ABA study.
AttPro Ally Risk Management Newsletter
From Attorney Protective. Access all issues online.
Top Ten Tips to Avoid a Claim
1. Avoid even the appearance of a conflict of interest – when in doubt about a particular matter; consult the Model Rules, trusted colleagues, or the Bar for general feedback and guidance.
2. Define and document scope of representation – use written retainers detailing what services the firm will perform, and will not perform, with regard to a particular matter.
3. Confirm responsibilities of lead and local counsel – you must document each counsel’s respective responsibilities
4. Confirm calendar deadlines
American Bar Association -
Lawyers' Professional Liability
For materials to use in your search for new or replacement professional liability coverage, click here.
Does Your Firm Have the Correct
Professional Liability Coverage?
Download the Lawyers Professional Liability Checklist to find out.   
ALPS Newsletter- Risk Management Reports
Thinking Through the Decision
 to Hire a Contract Attorney
Mark Bassingthwaighte, Esq.

Firms hire contract attorneys for a variety of reasons, not the least of which is an attempt to control expenses.
Ask the Right Questions When
Purchasing Malpractice Insurance
Mark Bassingthwaighte, Esq.

We’ve all seen the ads. Don’t buy from the little guy when the big boys have so much more to offer. Of course, how many of us truly foresaw AIG’s troubles, the bankruptcy of GM, the collapse of Lehman Brothers, or that even a few large insurance companies would buy small banks in order to qualify for TARP funds in order to shore up the books.
Staying Ahead in the Communications Game
Mark Bassingthwaighte, Esq.

I have to admit that I was not an early adopter of text messaging (SMS) or instant messaging (IM) as I initially viewed both tools as something of a novelty.
General Guidance on Closing a Law Practice
Mark Bassingthwaighte, Esq.

Law practices close for any number of reasons. Death, disability, retirement, disbarment, a move out-of-state, or a career change are all common reasons why attorneys leave the practice.
Risk Avoidance for the Attorney/Mediator
Mark Bassingthwaighte, Esq.

Legal malpractice claims arising out of the efforts of an attorney/mediator are rare. (Grievances are a bit more common.) There simply is no attorney/client relationship and the setting is more non-adversarial than the courtroom. That said; there still is a risk. Advice given by the attorney/mediator can unintentionally establish an attorney/client relationship and therein lies one concern.
Paper Shredders May No Longer Suffice
Mark Bassingthwaighte, Esq.

Many law firms now regularly utilize a paper shredder to destroy draft documents, old files, and other materials that are no longer necessary to keep all in furtherance of preserving client confidences. As more and more client information is stored on electronic media, however, the same confidentiality concerns arise and the paper shredder may not suffice. You can't just simply toss an unwanted CD, DVD, or floppy disk into the trash. Those who may find it in the trash can too easily recover the information on the discarded media.
Back to Basics in Risk
Management - Documentation
Stacey K. Smith, Esq

This will be the first in a series of risk management articles this year which go back to the very basics of risk management principles and concepts. Sometimes words and phrases are used so often and the principles so standard that they end up forgotten. In my experience in working with numerous Insureds through the legal malpractice claim process, often it is the most basic principle that could have prevented, or at least reduced, the Insured's exposure on that particular claim.
The Risk Management Report is not legal advice. It does not, and is not intended to, respond to any individual situation or concern. The reader must conduct independent research and analysis to determine the constraints and best way to act for each matter in each jurisdiction.

For other expert articles on the legal profession visit the
ALPS Legal News page.

Supreme Court Rule 42(9) requires all NH admitted attorneys to notify the Bar Association of any address change, home or office.

Home | About the Bar | For Members | For the Public | Legal Links | Publications | Online Store
Lawyer Referral Service | Law-Related Education | NHBA•CLE | NHBA Insurance Agency | NHMCLE
Search | Calendar

New Hampshire Bar Association
2 Pillsbury Street, Suite 300, Concord NH 03301
phone: (603) 224-6942 fax: (603) 224-2910
© NH Bar Association Disclaimer